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Issue ID: 106505
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Technical Services - remittances from outside India

Date 08 Feb 2014
Replies 1 Reply
Views 1307 Views
Place of provision of services determines taxability: services rendered in India attract service tax even if paid in foreign currency.
Where an Indian company renders technical services in India for a foreign principal, the place of provision of services is India and constitutes a taxable territory; receipt of payment in foreign currency does not affect service tax liability, so such receipts should be treated as liable to service tax unless a specific exemption applies. (AI Summary)

Indian company is providing technical services in India on behalf of foreign company for their customers who procures  their product in india directly from overseas supplier. 

The service provider ( indian company) is receiving tech services charges in USD from overseas company , whether service tax  is attracts or not. 

regards,

bhojanapalli

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Replied on Feb 8, 2014
1.

In this matter, Place of Provision of services is from India which is  a taxable territory, hence, service tax would be applicable and it is irrelevant whether consideration for services is received in Foreign Currency.

Team YAGAY & SUN

(Indirect Tax Consultants)

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