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Liability of Service Tax - Export of Services

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Dear Sir, I had a query with regards to service tax , we are pharmaceutical marketing company engaged in the activity of International Marketing. DUring the current year we had assisted a US company for Getting loan from Bank of India US Branch and for purpose we had coordinated in Bank of India Head Office Mumbai for sanction of loan. Now the loan has been sanctioned by the Bank and we will be issuing a debit note on the US company towards fees for getting the loan sanctioned. Please advise whether the service tax will be payable by us under export of services rules in the services are rendered in india, loan was disbursed in US & we shall be getting the fees in convertible foreign exchange. Please guide, Thanks and Regards Prashant Bhole
Service Tax Exemption Possible for Business Auxiliary Services Rendered in India to US Company Under Specific Conditions A pharmaceutical marketing company involved in international marketing queried about the applicability of service tax on services rendered in India for a US company. They assisted in securing a loan from the Bank of India and plan to issue a debit note for their fees, which will be received in convertible foreign exchange. The response indicated that if the services fall under Business Auxiliary Services, they may be exempt from service tax since the recipient is located outside India. (AI Summary)
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Surender Gupta on Apr 14, 2006
First it has to be decided that in which category you are liable to service tax. If you are laible to tax under Business Auxiliary Services that your services would remain exempt under the third category as Receipient of such services is Situated outside India.
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