Raja Abhishek For NIRC 2024

@abhishekrajaram

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š—–š—˜š—¦š—§š—”š—§ š—–š—µš—²š—»š—»š—®š—¶ š—„š˜‚š—¹š—¶š—»š—“ š—¼š—» š—œš—»š˜š—²š—暝—»š—®š˜š—¶š—¼š—»š—®š—¹ š—œš—»š—Æš—¼š˜‚š—»š—± š—„š—¼š—®š—ŗš—¶š—»š—“ š—¦š—²š—暝˜ƒš—¶š—°š—²š˜€ šŸ“¢ š—§š—µš—² š—§š—暝—¶š—Æš˜‚š—»š—®š—¹ š—暝˜‚š—¹š—²š—± (š—Æš˜† š— š—®š—·š—¼š—暝—¶š˜š˜†): "International inbound roaming services provided by Vodafone Idea Limited to foreign telecom operators (FTOs) qualify as an export of services, making them exempt from Service Tax."

šŸ” š—™š—®š—°š˜š˜€: š—–š—¼š—ŗš—½š—®š—»š˜†: M/s. Vodafone Idea Limited š—œš˜€š˜€š˜‚š—²: Vodafone Idea Limited faced a Show Cause Notice for allegedly unpaid Service Tax on inbound roaming services provided to foreign telecom operators (FTOs) from July 2012 to September 2013. While the Revenue claimed these services were taxable in India, Vodafone argued they qualified as exports due to foreign payment and currency receipt.

āš–ļø š—š˜‚š—±š—“š—ŗš—²š—»š˜: The Tribunal examined two perspectives: the Revenue argued that services were consumed in India, making them taxable. However, the appellant argued that the FTO, not the international roamer, was the service recipient. The majority upheld the appellant's view, treating the service as an export and exempting it from Service Tax.

šŸ“œ š—–š—®š˜€š—² š—œš—»š—³š—¼š—暝—ŗš—®š˜š—¶š—¼š—»: š—§š—¶š˜š—¹š—²: M/s. Vodafone Idea Limited vs. Commissioner of Central Excise & Service Tax š—¢š—暝—±š—²š—æ š——š—®š˜š—²: 16 August 2023 šŸ“œ This ruling reinforces that international inbound roaming services, when paid for by foreign operators, are treated as an export of services and are exempt from Service Tax under Indian law.

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