QUESTION

In export of service, Indian service providers are receiving payment through Paypal. Paypal pays to Indian service provider in Indian currency but foreign service receiver pays to paypal in foreign currency. Is the amount realized through paypal covers under definition of convertible foreign exchange ?

ANSWER

FACTS OF THE CASE :
A service provider in India exports services. The payment transaction is done via an intermediary i.e Paypal.

LAW APPLICABLE :
1. Subsection (6) of section 2 IGST defines Export of Service as follows
" 'export of services' means the supply of any service when,
(i) the supplier of service is located in India;
(ii) the recipient of service is located outside India;
(iii) the place of supply of service is outside India;
(iv) the payment for such service has been received by the supplier of service in convertible foreign exchange; or in Indian rupees wherever
permitted by the Reserve Bank of India and
(v) the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with Explanation 1 in section 8 "

2. Para 12 of Circular 37/11/2018 CGST dated 15th March 2018 dictates that
"It is clarified that the realization of convertible foreign exchange is one of the conditions for export of services. In case of export of goods, realization of consideration is not a pre-condition. In rule 89 (2) of the CGST Rules, a statement containing the number and date of invoices and the relevant Bank Realisation Certificates (BRC) or Foreign Inward Remittance Certificates (FIRC) is required in case of export of services whereas, in case of export of goods, a statement containing the number and date of shipping bills or bills of export and the number and the date of the relevant export invoices is required to be submitted along with the claim for refund."

INTERPRETATION :
For a transaction to be defined as 'export of service' as per section 2(6) clause (iv) of IGST it is essential that payment for the transaction must be received in convertible foreign exchange.
Rule 89(2) of CGST rules makes the requirement of a BRC or FIRC in case of export of services and the same has been clarified by circular 37/11/2018 also.

CONCLUSION :
You may request Paypal for a BRC or a FIRC. If paypal is in a procedure of providing you the same then it must be inferred that convertible foreign exchange was indeed received and consequently the transaction will be classified as an 'export of service' u/s 2(6) CGST.
However in absence of BRC or FIRC by Payal, it can not be proved that convertible foreign exchange was received and therefore the transaction can not be defined as 'export of service' (Reply dt. 10/08/2021)