Bookmarks   Feedback   Annual Subscription   New User   Login  
Tax Management India .com   
   TMI - Tax Management India. Com   
AO cannot re-open assessment merely for non filing of ITR unless the total income is exceeding maximum amount which is not chargeable to tax    *    status foodgrain pulses and oilseed    *    Service tax exemption for transportation of life saving medicines    *    Applicability Of Service tax on Liquidated Damages    *    Goods and GST Bill passed    *    WITH GST CONSTITUTIONAL AMENDMENTS, WHAT NEXT ?    *    determination of assessable value for job work transaction    *    CENVAT CREDIT    *    Excise Cenvat credit on Electricity Power bill    *    Employees sent on deputation to subsidiary/ associate companies (Service Tax)    *    GLOW SIGN AND HOARDING    *    Regarding cenvat credit on service tax on rent a cab    *    Potato Chips as Namkeen    *    Central Excise Exemption of ₹ 150 Lakhs    *    Cenvat credit on water treatment plant    *    Cenvat Credit - refund - export of services - The registration is not the sole criteria for granting refund, so long the other conditions are satisfied, refund shall be granted - Tri    *    CENVAT credit demo cars capital goods input nothing is demonstrated today that a demo car falls in any of the Chapters dealing with capital goods - credit cannot be allowed - Tri    *    Period of limitation - in case duty was required to be paid on the strips, the appellant was entitled to avail credit of duty paid on the granules, which would have neutralized the entire demand on the strips - in this Revenue neutrally background, there could be no malafide on the part of the appellant to evade duty - Tri    *    Validity of statutory provisions - Imposition of penalty on company and directors - he legislature while in view of such situation has granted discretion to the executive, at the same time, provided for sufficient guidelines and safeguards so that such discretion does not convert into arbitrary or discretionary exercise of powers - HC    *    Strengthening Our Debt Markets (Dr. Raghuram G. Rajan, Governor - August 26, 2016 - at Annual Day Address to Foreign Exchange Dealers Association of India, Mumbai)    *    Violation of Clause 49 of the Listing Agreement - whole Time Director chaired the Audit Committee Meeting - levy of penalty of ₹ 5 lac cannot be said to unreasonable or excessive - SAT
 
Discussions Forum
Home Forum Service Tax
← Previous Next →

Service tax applicability on commission paid by foreign company - Service Tax

#1 Issue Id: - 289
Dated: 4-12-2006
By:- Vs Hariharan
Service tax applicability on commission paid by foreign company

  • Forum
A Pvt company registered in India receives commission from foreign principals for orders executed in India. The other facts are: a.The foreign principal does not have any office in India. b. the indian company has no authority to sign any agreemnt with the customer on behalf of the foreingn principal. c. service is delivered outside india as the principal is situated outside india. d. money is received from aborad in foreign exchange. i want to know whether service tax is to be paid by the indian company on the commission received from abroad e.

Post Reply

Posts / Replies

 

#2 Dated: 4-12-2006
By:- Surender Gupta
In the query all the conditions of Export of Services are being satisfied except that the service must be "used" outside India. If the order was executed in India for which A pvt. company is taking commission, there is all the possibility that services are being used in India. However, it is the matter of facts and circumstances. You should carefully analysis the relevant documents again to find and frame the view about the usage of the services. If you find that the services are also being used outside India, you are entitled to avail the exemption.
#3 Dated: 14-12-2006
By:- Narender Kumar Garg
Yes, service tax is applicable. Because the law is said that the company have office in India. In the case the company has been registered in India as per companies act. Hence this thing have no value that whether the contracts are made by office established in india or not.

Post Reply



 

← Previous Next →
what is new what is new

Advanced Search

Latest Updates

Forum

Featured

Experts

More Options

Communication




|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map || ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version