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TMI Blogsoftware servicesX X X X Extracts X X X X X X X X Extracts X X X X ..... X is a software company based in india and has exported services in fy 13-14/14-15/15-16 to its related party which is a separate incorporated company in europe and also claimed refund of input services under rule 5A as it satisfies all conditions issue: Due to some international tax judgements in European union there is a upward revision in the pricing of all the earlier contracts and the fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reign company has paid the additional amount in fy 17-18 after making calculations based on the judgements and this is a significant amount. this additional amount which is received in march 18 in relation to earlier year contracts can it be held as export of services under gst and accordingly can refund of itc be claimed. - Reply By KASTURI SETHI - The Reply = Yes, you can claim refund. You w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill have to link all the docs i.e. proof of revision of price retrospectively with contract /agreements and original invoices issued during the past period mentioned by you. - Reply By Madhavan iyengar - The Reply = thanks sir but there is no service performed during the year it is only consideration received can department challenge it on the grounds that there is no export of service in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the current year though other conditions are satisfied. - Reply By Rajagopalan Ranganathan - The Reply = Sir, In respect of your query my views are as under: - The period involved is prior to 01.07.2017, that is, the date on which GST Acts came into force. I presume that since you have exported the service under rule 6A of Service Tax Rules, 1994 you would have complied with conditions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specified there. Export of services is exempted from payment of service tax. TAx/duty paid on input services and inputs utilised for exporting the service can be claimed under Rule 5A of CENVAT Credit Rules, 2004 . Since the exported service is exempted from payment of service tax, the reduction in serviced charges of the exported service will not affect the credit already availed by you and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he claim for refund of the credit of tax/duty paid on input services/inputs will not be affected by such reduction service charges by your customer. This is my view. - Reply By Madhavan iyengar - The Reply = sir thanks for your reply with the relevant points. however my query is with respect to where the services amount has increased and not reduced and the additional consideration is rece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ived in fy 17-18 as explained in the query - Reply By KASTURI SETHI - The Reply = W.r.t Serial No. 2 dated 6.1.18, the additional amount received is integrated (cannot be separated) with export of service performed in the past years. The department cannot challenge that it is not export of service. - Reply By KASTURI SETHI - The Reply = Read dated 6.1.19 above. - Reply By KASTURI SETHI - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Reply = I agree with the views of Sh.Rajagopalan, Sir. Claim for refund of the credit of tax/duty paid on input services/inputs will not be affected by such escalation service charges by your customer. - Reply By Madhavan iyengar - The Reply = Thanks Sethiji and Rajagopalan sir - software services - Query Started By: - Madhavan iyengar Dated:- 6-1-2019 Goods and Services Tax - GST - G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot 8 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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