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Issue ID: 24
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Applicability of Service tax - Registration Procedure

Date 20 Dec 2005
Replies1 Reply
Views 2670 Views
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Territorial provision rule: recipient owes service tax only when the service is provided in India; cross border supplies may be exempt.
Applicability of service tax depends on territorial provision: the recipient is liable only if the service is provided in India; cross border services supplied entirely outside India do not attract service tax. The document records queries about registration procedure and retrospective consequences but provides no guidance beyond the territorial test for liability. (AI Summary)
Our company is a service receiver. Some of the vendors provide service from other countries. Leased circuit and repair of computer software are two main services which we receive. Are we required to get registered under Service Tax and pay tax on the services? What is the procedure for registration? What will happen after registration as we are receiving services for long time. I believe "receiver is taxable" concept came in December 2004 Please give me proper assistance Thanks Amit
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Replied on Jan 14, 2006
1. To decide the applicability of service tax on receiver of services it is important that services must be provided in India. If no service has been provided in India, your compnay is not liable to pay servie tax on the servies received by it. Since your query is silent on this issue, you may decide the matter in the light of above.
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