Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

Comments

Print   |    |  Comment

PJ/Case Law/2014-15/2380

Service tax leviability on commission earned for transferring foreign remittance.

Case:-WALL STREET FINANCE LTD, WEIZMAN FOREX LTD Vs COMMISSIONER OF SERVICE TAX, MUMBAI
 
Citation:-2014-TIOL-1958-CESTAT-MUM

Brief facts:-The appellants, M/s. Wall Street Finance Ltd. and M/s. Weizman Forex Ltd. were engaged by M/s. Western Union as agents for transfer of money from abroad to persons situated in India. As per the directions of the Western Union, the appellants either directly or through sub-agents delivered the money to the intended beneficiaries in India. The appellants received commission in convertible foreign exchange from M/s. Western Union for the services rendered. The department was of the view that since the services have been rendered in India, the appellants are liable to tax on the commission received under reverse charge mechanism. Accordingly, notices were issued and the demands confirmed.
 
Appellant’s contention:-The learned Chartered Accountant representing the appellants submitted that the nature of the services undertaken is transfer of money from abroad for the remitters situated abroad through Western Union. Thus, the service provider for the money transfer service is Western Union. The appellants are engaged for completion of the transactions as intermediaries. The appellants receive commission for the services rendered in convertible foreign exchange. As far as the appellant is concerned, they have rendered a service to M/s. Western Union, who has paid the consideration for the services rendered. Since Western Union is situated abroad, the services are deemed to have exported out of India and therefore, no service tax liability would accrue. The nature of the service rendered would merit classification under “Business Auxiliary Service” (BAS) for the purpose of export of service under Export of Service Rule, 2005. BAS is classified under Rule 3 (1) (iii) of the said Rules and the conditions required to be satisfied for export are the services should be provided in India and used outside India and the consideration should be received in convertible foreign exchange. It is his submission that in this case no doubt the appellant/service provider has provided services and therefore, the service has been provided in India. As far as the usage of service is concerned, the recipient is Western Union, who is situated abroad and therefore, services have been used outside India. Consideration has been received in convertible foreign exchange. Thus the conditions required for classification as export of services are clearly satisfied. The learned Consultant relies on the decision of this Tribunal in the case of Paul Merchants Ltd. Vs. CCE, Chandigarh - 2013 (29) STR 257 (Tri-Del) = 2012-TIOL-1877-CESTAT-DEL, CCE Vs. Fine Forex Pvt. Ltd. -2014-TIOL-328-CESTAT-DEL and Gap International Sourcing (India) Pvt. Ltd. Vs. CST - 2014-TIOL-465-CESTAT-DELwherein also in similar situations, this Tribunal held that transaction involved amounted to export of service. Therefore, in the present case also it is his submission that the transaction be treated as export of service and the service tax demand confirmed be set aside
 
Respondent’s contention:-The learned Additional Commissioner (AR) appearing for the Revenue reiterates the findings of the adjudicating authority. It is his submission that since the beneficiary is situated in India it should be held that service has been rendered in India. He also submits that the Revenue has challenged the decision of this Tribunal in the case of Paul Merchants Ltd. case and therefore, the said decision cannot be relied upon as the basis for taking a view on the matter.
 
Reasoning of judgment:-There is no dispute about the certain basic facts involved in the appeal. The service recipient in the transaction is M/s. Western Union, who is situated abroad. There is also no dispute that consideration for the service rendered has been received in convertible foreign exchange. The only dispute is where the service has been rendered. At the relevant time, there were no specific rules to determine the place of provision of service in service tax law. However, with effect from 20/06/2012 a specific Rule has been prescribed called Place of Provision of Service Rules, 2012. Though these Rules are only prospective in nature, the provisions of these Rules can be gainfully used to understand the concept of place of provision. Rule 3 of the Rule says that the place of a provision of a service shall be the location of the recipient of the service. In the facts of the present case, the service receiver is M/s. Western Union, who has paid the consideration for the service and who is situated outside India and therefore, the place of provision of service should be treated as falling outside India.
 
In an identical set of facts in the case of Paul Merchants ltd. (supra) and Fine Forex Pvt. Ltd. (supra) this Tribunal held that the transaction would amount to export of service and hence no service tax would be leviable. Following the ratio of these decisions and the applying the same to the facts of the present case, we are of the view that the services undertaken by the appellant to Western Union amounts to export of service and hence, not taxable in India.
 
Accordingly, the impugned order is set aside and the appeal is allowed with consequential relief, if any, in accordance with the law.
 
Decision:-Appeal allowed.
 
Comment:- The crux of this the case is that commission earned for transferring the foreign remittance is in the nature of export of service and consequently, no service tax is payable on the same. One important point to be noted in this case is that the Tribunal has considered the applicability of Rule 3 of the Place of Provision of Service Rules, 2012 even for the prior period so as to determine the place of provision of service.
 
 
Prepared By:- Lovina Surana
 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com