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Clarification on service tax on remittances
July, 11th 2012
                                                               Circular No. 163/ 14/2012 ­ST
                                 F. No. 354/ 119/2012- TRU
                                     Government of India
                                      Ministry of Finance
                                   Department of Revenue
                             Central Board of Excise and Customs
                                     (Tax Research Unit)
                                           *******
                                                    Room No 146, North Block, New Delhi-1,
                                                                  Dated the 10th July 2012.
To
       Chief Commissioner of Customs and Central Excise (All)
       Chief Commissioner of Central Excise & Service Tax (All)
       Director General of Service Tax
       Director General of Central Excise Intelligence
       Director General of Audit
       Commissioner of Customs and Central Excise (All)
       Commissioner of Central Excise and Service Tax (All)
       Commissioner of Service Tax (All)



Madam/Sir,
       Subject: Clarification on service tax on remittances - regarding.
        Concerns have been expressed in various forums regarding the leviability of service
tax on the remittance of foreign currency in India from overseas.
2.      The matter has been examined and it is clarified that there is no service tax per se on
the amount of foreign currency remitted to India from overseas. In the negative list regime,
`service' has been defined in clause (44) of section 65B of the Finance Act 1994, as amended,
which excludes transaction in money. As the amount of remittance comprises money, the
activity does not comprise a `service' and thus not subjected to service tax.
3.      In case any fee or conversion charges are levied for sending such money, they are also
not liable to service tax as the person sending the money and the company conducting the
remittance are located outside India. In terms of the Place of Provision of Services Rules,
2012, such services are deemed to be provided outside India and thus not liable to service tax.
4.      It is further clarified that even the Indian counterpart bank or financial institution who
charges the foreign bank or any other entity for the services provided at the receiving end, is
not liable to service tax as the place of provision of such service shall be the location of the
recipient of the service, i.e. outside India, in terms of Rule 3 of the Place of Provision of
Services Rules, 2012.
5.     This Circular may be communicated to the field formations and service tax assessees,
through Public Notice/ Trade Notice. Hindi version to follow.
                                                                                Yours faithfully,


                                                                               (Dr. Shobhit Jain)
                                                                                   O.S.D. (TRU)
                                                                                 Fax: 23095590



 
 
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