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Issue ID: 95
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Liability and date of applicability of Service tax

Date 15 Feb 2006
Replies1 Reply
Views 1066 Views
Asked by
Service tax applicability depends on the identity and territorial location of the service provider before liability can be fixed.
Exporter pays commission to foreign buyers in foreign currency and asks when service tax applies and what liabilities arise for non-payment. The sole reply states applicability depends on who the service provider is and whether the provider is located in India, so the commencement of tax liability and consequences of non-payment cannot be determined without that factual clarification. (AI Summary)
X is a exporter company. It export its products to foreign buyers and after that it gives them commission on sales amount to buyers on invoiced price in foreign currency. Please advise : (a) Date from which service tax is applicable on exporter firm. (b) What is liablity of the firm if service tax is not paid. Joshil Jain
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Replied on Feb 16, 2006
1. It is not clear from the query that who is the service provider? Whether he is in India or not?
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