Question 18:
If a service provider in India is providing commission service for sale of
products of a foreign party in India (working as a mediator or an intermediary)
the commission is received in foreign currency. Will it be export of service as
being provided to a foreign client and consideration received in foreign
currency?
Answer:
Answer The export of service is defined in Section 2 Of the IGST Act as follow
(6) '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; 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;
To be export all the conditions given in Section 2(6) are to be fulfilled Now
coming to the place of supply as per section 13(8)(b) The place of supply is
India So the condition given in clause iii of above subsection is not fulfilled
Accordingly it is not export
(Reply dt.18/01/2018)