Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: due date for vat payment :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: ACCOUNTING STANDARD :: cpt :: ACCOUNTING STANDARDS :: list of goods taxed at 4% :: VAT RATES :: form 3cd :: VAT Audit :: empanelment :: TDS :: articles on VAT and GST in India :: ARTICLES ON INPUT TAX CREDIT IN VAT :: Central Excise rule to resale the machines to a new company :: TAX RATES - GOODS TAXABLE @ 4%
 
 
« Service Tax »
 India’s E-Service Tax Will Add To Foreign Content Providers’ Woes
 GST Council to discuss model laws, tax jurisdiction today
 Tax Invoice Under GST
 Insurance may fall under 12% tax slab in GST, from 14% service tax currently
 GST draft makes it must for companies to pass tax benefit to consumers
 To speed passage, Government plans GST Bills as money Bills
 No service tax on train tickets booked through IRCTC till December 31
 GST Council meet postponed to December
 Banks integrating systems with RBI, GST Network to collect tax: Arun Jaitleya
 Service tax waived for online train ticket booking till Dec 31
 Key challenges in implementation of Goods and Services Tax

If Indian firm reimburses parent entity abroad, no service tax due'
May, 31st 2016

We have availed the services of a real estate agent in connection with an immovable property located in India. What is the service tax implication, if the agent raises an invoice on our parent company abroad and our parent company debits the same amount to us? Will we be required to pay any service tax for services received from our parent company?

As per Rule 5 of the Place of Provision of Services Rules, 2012, 'the place of provision of services provided directly in relation to an immovable property, including services provided in this regard by experts and estate agents,…shall be the place where the immovable property is located...' Since the service is in relation to the immovable property located in the taxable territory, service tax is payable by the service provider. Since you reimburse the parent company for the same amount billed by the real estate agent, there is no consideration for that part of the transaction and hence, no tax.

On our exports to Bangladesh, we have to pay commission to our agent abroad. We have not declared the commission in the shipping bill or EDF form. How to proceed further?

As per Para C.25 of RBI Master Circular on Export of Goods and Services, 'In cases where the commission has not been declared on EDF/SOFTEX form, remittance may be allowed after satisfying the reasons adduced by the exporter for not declaring commission on Export Declaration Form, provided a valid agreement/written understanding between the exporters and/or beneficiary for payment of commission exists.' So, you may give the necessary documents to your bank and ask them to make the remittances.

We refer to your Q&A of May 9, 2016 that in case of website designing service provided to clients abroad no service tax is payable. Is it necessary to receive the amount in foreign currency to be exempt from service tax? Will we be exempted from service tax even we receive rupees by a payment gateway? Will Rule 6A of Service Tax Rules, 1994 come into play?

When the service is not taxable, the question of how you receive payment for that service does not arise. If place of provision of service is outside taxable territory, service tax will not be payable even if payment is not received in foreign exchange, or any other condition of the said Rule 6A is not fulfilled.

The goods we imported on duty payment are defective. The supplier does not want them sent back because of high costs. He is willing to send a replacement, but we have to pay duty on it. Is there any way to get refund of duty paid on the rejected goods?

You can claim refund of the duty paid, if the rejected goods are destroyed or rendered commercially valueless in the presence of the proper officer, or you relinquish your title to the goods and abandon them to customs within the time limit stipulated in Section 26A of the Customs Act, 1962.

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2016 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Multimedia Presentations Multimedia Solutions 3D Solutions Corporate Presentations Business Presentations Multimedia Presentation India M

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions