TaxTMI 
TaxTMI 
2026 (7) TMI 1848
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....tective Agency Service and GTA etc. During the course of audit of the records of the appellant, it was observed that the appellants had not paid service tax amounting to Rs. 1,80,256/- during the period 2015 to March 2017, on foreign bank charges and finance cost paid in foreign currency in contravention of provisions of Section 66A, 68, 69 & 70 of the Finance Act, 1994, read with Rule2(1)(d)(iv), 4, 5, 6 and 7 of Service Tax Rules, 1994 and Rule 3 of Taxation of Services (Provided from Outside India and Received in India) Rules, 2006 and Notification No. 30/2012-ST dated 20.06.2012. 2. A show cause notice dated 16.04.2018 was issued to the appellants by the Commissioner, Central Excise Commissionerate, Jaipur, demanding Service Tax amou....
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....foreign bank and recipient of service is the buyer. Both are located outside of India, therefore, no question of taxing such service in India as such service is provided outside the taxable territory and outside the purview of section 66(b) which is charging section for the levy of service tax. 8. Therefore, we find that in the appellant's own case for the earlier period this Tribunal observed as under: "15. Having heard both the parties and perusing the record, we observe following as the apparent fact: Appellant is an exporter and the buyer is in the foreign land i.e. non-taxable territory. Appellant, for such transactions, appoint his banker in India for all purposes. After the materialization of the contract, the In....
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.... appellant. If at all any service provider and service recipient relationship exists with the appellant then it is between appellant and its banker in India and not with foreign bank located outside India and in which case the liability of service tax if any is on the Indian bank of the appellant company providing the 'banking and financial service' to the appellant. It is the business understanding of the appellant with its buyer as to who will bear the bank charges. 17. Thus we hold that in the instant case no service has been provided within the taxable territory. Foreign Bank of the buyer had provided service to its client i.e. Buyer who is having letter of credit facility with it Foreign bank after retaining its charge....
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....leep Industries Pvt. Ltd. Versus CCE, Jaipur - 2017 (10) TMI 1231 - CESTAT NEW DELHI 19. Further, as per Circular No. 180/06/2014-S.T., dated 14-102014, no service tax is leviable as place of provision of service is outside India. It has been clarified that no service tax is payable per se on the amount of foreign currency remitted to India from overseas for the reason that the remittance comprises money and does not in itself constitute any service in terms of the definition of 'Service' as contained in Section 65B of the Finance Act, 1994. Conversion charges or fee levied for sending such money would also not be liable to service tax as the person sending money and the company conducting the remittance are both located ou....