2008 (8) TMI 53 - AT - Service Tax

Export of service - subsidiary company in Singapore - appellant booked orders for the sales of the goods manufactured by the subsidiary situated in Singapore - When the recipient of the service is Singapore Company, it cannot be said that service is delivered in India - Because of the booking of the orders, the Singapore Company gets business. Therefore, the service is also utilized abroad - appellant is not required to pay the service tax refund cannot be denied of service tax paid

Summary

Issues:
1. Refund of Service Tax for exported services.

Analysis:
The appeal was filed against the Order-in-Appeal passed by the Commissioner of Central Excise. The appellant, an Indian company with a subsidiary in Singapore, booked orders for goods manufactured by the Singapore subsidiary and received commission. Initially, they paid Service Tax but later sought a refund as they exported the service. The refund was denied by the Original Authority and upheld by the Appellate Authority, stating that the service was rendered, utilized, and delivered in India. However, the appellant argued that the services were rightly delivered abroad and used by the Singapore Company, emphasizing that the two entities are separate legal entities despite being related. They presented case laws and cited a previous Tribunal decision in a similar case. The Tribunal agreed with the appellant, noting that the service was delivered only to the Singapore Company, the recipient of the service. As per the Export of Services Rules, 2005, the service rendered was considered exported, and thus, the appellant was not liable to pay service tax. The Tribunal found no merit in the impugned order and allowed the appeal, granting consequential relief.

This judgment highlights the importance of correctly determining the place of service delivery and utilization in cases involving cross-border transactions. It clarifies that the location of the recipient of the service is crucial in determining whether a service is considered exported, especially when dealing with related entities in different jurisdictions. The decision underscores the need to consider legal entities separately, even if they are related, and to rely on relevant laws and precedents to support arguments in tax refund cases related to exported services.