As per Rule 6A of Service Tax Rules, as inserted w.e.f. 1-7-2012, a service shall be treated as export of service when all following conditions are satisfied –
(a) the provider of service is located in the taxable territory
(b) the recipient of service is located outside India
(c) the service is not in negative list of services
(d) the place of provision of the service is outside India
(e) the payment for such service has been received by the provider of service in convertible foreign exchange, and
(f) Service provider and receiver are not merely branches of same person.
All points are satisfied except pt (e) which is doubtful since the assessee is receiving the payment from its USA based client in US dollars but due to some complexities was unable to get in the money straight into India without registering itself there as a co. So, as an alternative, it used the services of an entity in USA to get the currency converted into Rupees and send the proceeds to India.
Will Service Tax provisions be applicable .i.e. will it be considered a export of service or not?
Please reply.
jatin
14 November 2013 at 18:31
Dear SIr/Madam,
we have purchased property in Mumbai in 2009 which was with ready possession with architect certificate & full OC is recd. in 2011 ,in agreement it is mention to pay MVAT,
1.Are we liable to pay tax as flat are in ready possession but full OC was not recd.if yes then @ what rate ?
2.Builder has not taken TIN no till date, are we have to make paymt if he has no TIN NO?
3. He also demanding Int. & penalty for delay in paymt , are we liable for the same?
Dear Sir,
I work for a Multinational company. I took housing loan in my city. But that house was left vacant as it is far from the city. I am not staying in it.neither I gave it for rent.
I am staying in another house which is 15 kilometers(from above house). Here I am paying rent.
Can I claim both housing loan and House rent paid for income tax exemptions (even though my rented house and my purchased house are in same city)?
pooja
11 November 2013 at 07:57
A contractor completes a work contract in three years. How will be his income assessed for purpose of income tax? Whether it will be yearwise? If yes how and can you please provide some case law on it?
pooja
11 November 2013 at 07:54
A contractor completes a work contract in three years. How will be his income assessed for purpose of income tax? Whether it will be yearwise? If yes how and can you please provide some case law on it?
Hi,
Our society has installed 2 telecom towers on our society terrace. Our tax consultant has informed us that income from telecom towers are flatly taxable after 30% of standard deduction.
Is there anyway to save tax on this income? Please advice.
harshaljawale
08 November 2013 at 19:12
Resp. sir/mam,
can i file last five yrs returns and refund my tds .
is it possible...plz tell me....
Tarun Mittal
08 November 2013 at 11:37
Dear Sir/Madam,
there is a little confusion between Tax Invoice and Retail Invoice,,
when making a Sale Invoice,,
dealer is interstate dealer and sale is @2% against "C" Form and Central Excise Duty is also including in Invoice then the Sale Invoice should be Tax Invoice or Retail Invoice.
Subhash Chandra Sharma
08 November 2013 at 10:45
Can a person having agricultural income ( also retired from services)gift any sum in cash to his /her son/daughter/son in law/daughter in law ? is there any requirement of stamp paper or can he declare on a simple paper ?
Applicability of s. tax on h.p. interest for individual
If assessee is an individual and engaged in the business of financing purchase of goods on Hire Purchase, will Service Tax provisions apply on interest received in this?
Please reply.