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of <h1>Service tax exemption granted for overseas services under Export of Service Rules and Reverse Charge Mechanism</h1> <h3>M/s Baxter India Private Limited Versus Commissioner of Service Tax, Delhi and Commissioner of CGST, Gurugram</h3> M/s Baxter India Private Limited Versus Commissioner of Service Tax, Delhi and Commissioner of CGST, Gurugram - TMI Issues Involved:1. Classification and taxability of services provided to Baxter Singapore.2. Taxability of mark-up on transfer price income from Baxter World Trade Corporation (BWT).3. Classification of royalty payments to Baxter USA.4. Taxability of networking charges and technical services received from overseas entities.5. Taxability of reimbursements for services received from overseas entities.Summary of Judgment:1. Classification and Taxability of Services Provided to Baxter Singapore:The appellant argued that services provided to Baxter Singapore qualify as exports and should be classified under 'Business Auxiliary Services' rather than 'Management Consultant's Services.' The Tribunal agreed, noting that the services involved passing on information rather than management advice. The classification of services does not matter as long as they are exported, and there was no dispute from the Revenue on the export status.2. Taxability of Mark-Up on Transfer Price Income from Baxter World Trade Corporation (BWT):The appellant contended that the services provided to BWT qualify as exports under 'Business Support Services.' The Tribunal found that the services were indeed exported, as the beneficiary was abroad and payments were received in foreign currency. This was supported by Circular No. 111/05/2009-ST and previous Tribunal decisions.3. Classification of Royalty Payments to Baxter USA:The appellant argued that royalty payments should be classified under 'Intellectual Property Services' rather than 'Franchise Services.' The Tribunal agreed, noting that the agreement granted a non-exclusive license to use intellectual property without granting representational rights, which is essential for classification under 'Franchise Services.' This was consistent with the decision in Reckitt Benckiser (India) Ltd.4. Taxability of Networking Charges and Technical Services Received from Overseas Entities:The appellant claimed that service tax on these services is not payable prior to April 18, 2006, as per Section 66A of the Act. The Tribunal accepted this argument, citing the Indian National Ship Owner's Association and CST Delhi v. Sojitz Corporation cases.5. Taxability of Reimbursements for Services Received from Overseas Entities:The appellant argued that reimbursements for services performed outside India should not be taxed. The Tribunal agreed, referencing the Intercontinental Consultants & Technocrats case, which held that only the consideration for the taxable service should be valued and assessed, not additional expenses.Conclusion:The Tribunal found in favor of the appellant on all issues, setting aside the impugned orders and allowing both appeals. The demands raised and confirmed by the Adjudicating Authority were deemed unsustainable.
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