Whether benefit of cenvat credit in India will allow to the Foreign Firm of CA's?

[Sunil K. Jain]

A firm of chartered accountant in Delhi provides professionsal services to firm of CA's of USA/UK for there clients in UK/USA and get the fee from those CA firms in convertible foreign exchange. If the CA firm in Delhi, liable to charge service tax or not ? If yes then how the foreign firm of CA's will get the cenvat credit in India? Will it make a difference if a Private Ltd. company provide the same services instead of CA firm?

AI Summary

Foreign CA Firms Can't Avail CENVAT Credit for Services Exported from India Paid in Foreign Currency A discussion was initiated regarding whether a foreign firm of chartered accountants (CA) can avail CENVAT credit in India when a Delhi-based CA firm provides services to them and receives payment in convertible foreign exchange. The response clarified that since this is an export of services, the Indian firm is not liable for service tax, and thus, the question of availing CENVAT credit does not arise. If the foreign CA firms had an office in India and paid in Indian currency, they could avail CENVAT credit. The legal position remains unchanged regardless of whether the services are provided by a CA firm or a private limited company.