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service tax on software online service to overseas countries

jagadesh kumar bhojanapalli Kumar

Dear Sir,

We would like to know that service tax is applicable on software service providing to overseas clients through online where we are getting foreign currency on hourly basis and also we are providing service in india GPS tracking . In both cases together it is crossing ₹ 10 Lakhs in last month. We have not obtained any service tax registration.

Pl clarify the same

regards, jagadesh

Service Tax Exemption for Exported Online Software; GPS Tracking Services Taxable in India Over 10 Lakhs Revenue A query was raised about the applicability of service tax on software services provided online to overseas clients and GPS tracking services in India, with revenues exceeding 10 lakhs. The first service, considered an 'Export of Service', is exempt from service tax and not included in the threshold calculation. The second service is taxable, and registration is required once the taxable services exceed 9 lakhs in a financial year. It was advised to register promptly to avoid accruing interest. The discussion emphasized the importance of timely registration for taxable services. (AI Summary)
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KASTURI SETHI on Dec 2, 2015

First category is 'Export of Service'. Hence exempted. The value of export of services is not to be accounted for while computing aggregate value of ₹ 10 lakhs, (Threshold exemption limit under Notification No.33/12-ST dated 20.6.2012)

Second category is taxable. As per Notification No.27/2005-ST dated 7.6.205 as amended vide Notification No.10/2008-ST dated 1.3.2008, any provider of taxable service whose aggregate value of taxable services in a financial year exceeds nine lakhs rupees shall make an application to the jurisdictional Superintendent of Central Excise, in such form as may be specified, by notification, by the Board, for registration within a period of thirty days of exceeding the aggregate value taxable service of nine lakh rupees. Value of export of service is also not to be accounted for while arriving at ₹ 9 lakhs for the purpose of registration.

Ganeshan Kalyani on Dec 3, 2015

I am of the same view as submitted by Kasturi sir. Further it is suggested to get register as soon as possible so that you can save the interest portion which will increase with the day passes on. Thanks

jagadesh kumar bhojanapalli Kumar on Dec 4, 2015

Thanks to KASTURI Sir & well noted once second category cross 9 Lakhs we will go for registration.

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