TaxTMI 
TaxTMI 
Service tax on Development of new product
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....ervice tax on Development of new product<br> Query (Issue) Started By: - Vijay Chitte Dated:- 21-9-2016 Last Reply Date:- 22-9-2016 Service Tax<br>Got 5 Replies<br>Service Tax<br>Dear Experts, We are doing development of new product in India, & our client is located at foreign country, foreign party does not providing any materials for development of product, we are also provide testing service f....
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....or that new product development. My Question is : 1) Service tax will be applicable or not? under which POP rule will be applicable? 2) This activities fall under which category of service? 3) If possible, provide any case laws for this query. Reply By MARIAPPAN GOVINDARAJAN: The Reply: You are going to manufacture a new product. Materials are also to be procured by you. The testing services....
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.... are done by yourself. Then where is the question for service tax. Whether you are going to render any service to anybody in this process? Reply By Vijay Chitte: The Reply: We are not manufacturing a new product, First, we are only develop a new product for our foreign client, If he satisfy our new product development then, he will give contract for manufacturing of this new product but this wil....
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....l be separate contract. It can be say, technology of new product development for our foreign client. Reply By YAGAY AND SUN: The Reply: if your foreign client is not paying for it separately, then, no service tax would be applicable. However, the development cost so incurred by you would be amortized on the goods manufactured by you on behalf of your foreign client and excise duty would be paid....
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.... accordingly. Reply By Ganeshan Kalyani: The Reply: If there are two separate agreement between both the party then yes service tax is applicable on the development of the product service. The relevant extract of the provision is given below. Place of provision generally.- 03. The place of provision of a service shall be the location of the recipient of service: Provided that in case the lo....
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....cation of the service receiver is not available in the ordinary course of business, the place of provision shall be the location of the provider of service. Thanks. Reply By Ganeshan Kalyani: The Reply: Dear all, I apologise. In first sentence of my previous reply, please read as ''service tax is not applicable. '' Thanks.<br> Discussion Forum - Knowledge Sharing ....