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Service tax Applicability for Online Data Information Service(Web Access) received from a Foriegn Country

A Wilson

Dear Experts

Service tax Applicability for Online Data Information Service(Web Access) received from a Foriegn Country with respect to Rule 9 of place of provision of services 

Place of Provision of Services: online information services supplied from a non taxable provider location fall outside taxable territory. Applicability of service tax for online information and database access services depends on the place of provision; when such services are supplied from a non taxable territory, the place of provision is the service provider's location outside the taxable territory, and the service is therefore not within the taxable territory for service tax purposes. (AI Summary)
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YAGAY andSUN on Sep 3, 2012

Yes sir, you are liable to pay the tax under Rule 9 of POPs as you are falling under Online information and database access or retrival services.

A Wilson on Sep 3, 2012

Dear Sir,

Rule 9 of Place of Provision of Rules excluded the Online Data Information Servicee(Web Access) received from a Foriegn Country from the taxable services, So this service is not liable to service tax as per Rule 9 of PPR Rules. since the place of provision for this specified service is  the location of service provider i.e., services from non-taxable territory. As per sec 66B, taxable of service is in taxable territory.

Pls give your inputs on this.

YAGAY andSUN on Sep 4, 2012

Sorry due to oversight I have read the service provider as service recipient. My mistake.

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