Raja Abhishek For NIRC 2024
3 months ago
๐๐๐ฆ๐ง๐๐ง ๐๐ต๐ฒ๐ป๐ป๐ฎ๐ถ ๐ฅ๐๐น๐ถ๐ป๐ด ๐ผ๐ป ๐๐ ๐ฝ๐ผ๐ฟ๐ ๐ข๐ฟ๐ฑ๐ฒ๐ฟ ๐๐ผ๐บ๐บ๐ถ๐๐๐ถ๐ผ๐ป ๐ฎ๐ป๐ฑ ๐๐ป๐๐ฒ๐ฟ๐บ๐ฒ๐ฑ๐ถ๐ฎ๐ฟ๐ ๐ฆ๐ฒ๐ฟ๐๐ถ๐ฐ๐ฒ๐ ๐ข The Tribunal held: "Commission received for procuring export orders, and additional quality control services rendered to a foreign client, is not classifiable as โintermediaryโ services."
๐ ๐๐ฎ๐ฐ๐๐: ๐๐ผ๐บ๐ฝ๐ฎ๐ป๐: M/s. SNQS International Socks Private Limited ๐๐๐๐๐ฒ: Whether the services provided by the appellant qualify as โintermediaryโ under Rule 2(f) of the Place of Provision of Services Rules, 2012?
๐๐ฐ๐๐ถ๐๐ถ๐๐: The appellant received commission from a foreign client for procuring export orders, monitoring quality, and performing additional services related to garments exported to the foreign buyer.
โ๏ธ ๐๐๐ฑ๐ด๐ฒ๐บ๐ฒ๐ป๐: The Tribunal ruled that the appellant provided a range of services, including vendor selection and quality checks, for its foreign client on a principal-to-principal basis. These services were not limited to buying or selling, and the appellant did not meet the conditions to be classified as an โintermediary.โ The appeal was allowed.
๐๐ฎ๐๐ฒ ๐๐ป๐ณ๐ผ๐ฟ๐บ๐ฎ๐๐ถ๐ผ๐ป: ๐ง๐ถ๐๐น๐ฒ: M/s. SNQS International Socks Private Limited vs. Commissioner of G.S.T. and Central Excise ๐ฆ๐ฒ๐ฟ๐๐ถ๐ฐ๐ฒ ๐ง๐ฎ๐ ๐๐ฟ๐ผ๐๐ ๐ข๐ฏ๐ท๐ฒ๐ฐ๐๐ถ๐ผ๐ป ๐ก๐ผ. 40669 of 2019 ๐ข๐ฟ๐ฑ๐ฒ๐ฟ ๐๐ฎ๐๐ฒ: 23 November 2023 ๐ This ruling clarifies that services beyond mere procurement of goods, rendered to a foreign client, do not qualify as intermediary services and are classified as export of services.
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