2008 (8) TMI 53 - AT - Service Tax

Commission services to Singapore company qualify as exported under Rule 3(2); no service tax liability, refund allowed

CESTAT held that commission services rendered to a Singapore company qualify as exported services under Rule 3(2) of the Export of Services Rules, 2005, ... Refund of Service Tax for exported services - sales of the goods manufactured by the subsidiary situated in Singapore - received commission and initially paid the Service Tax - HELD THAT:- The recipient of the service is a Singapore Company. When the recipient of the service is Singapore Company, it cannot be said that service is delivered in India and the benefit of the service is derived only by the recipient company. Because of the booking of the orders, the Singapore Company gets business. Therefore, the service is also utilized abroad. In terms of Rule 3 (2) of the Export of Services Rules, 2005 the service rendered is indeed a service, which has been exported. In such circumstances, the appellant is not required to pay the service tax. There is absolutely no merit in the impugned order. Hence, we allow the appeal with consequential relief. Issues:1. Refund of Service Tax for exported services.Analysis:The appeal was filed against the Order-in-Appeal passed by the Commissioner of Central Excise. The appellant, an Indian company with a subsidiary in Singapore, booked orders for goods manufactured by the Singapore subsidiary and received commission. Initially, they paid Service Tax but later sought a refund as they exported the service. The refund was denied by the Original Authority and upheld by the Appellate Authority, stating that the service was rendered, utilized, and delivered in India. However, the appellant argued that the services were rightly delivered abroad and used by the Singapore Company, emphasizing that the two entities are separate legal entities despite being related. They presented case laws and cited a previous Tribunal decision in a similar case. The Tribunal agreed with the appellant, noting that the service was delivered only to the Singapore Company, the recipient of the service. As per the Export of Services Rules, 2005, the service rendered was considered exported, and thus, the appellant was not liable to pay service tax. The Tribunal found no merit in the impugned order and allowed the appeal, granting consequential relief.This judgment highlights the importance of correctly determining the place of service delivery and utilization in cases involving cross-border transactions. It clarifies that the location of the recipient of the service is crucial in determining whether a service is considered exported, especially when dealing with related entities in different jurisdictions. The decision underscores the need to consider legal entities separately, even if they are related, and to rely on relevant laws and precedents to support arguments in tax refund cases related to exported services.