CESTAT adjudicated a service tax dispute involving OIDAR ...

Overseas IT Services Exempted from Service Tax in Cross-Border Transaction Between Non-Indian Entities Under Section 66

April 5, 2025

Case Laws     Service Tax     AT

CESTAT adjudicated a service tax dispute involving OIDAR services contracted by an overseas head office with CRS/GDS companies. The tribunal held that services provided between entities in Singapore and Hong Kong fall outside service tax levy under Section 66. The Indian branch office was not deemed liable for service tax on reverse charge basis, as the services were conducted exclusively between non-Indian entities. The tribunal distinguished between head office and branch office legal identities, concluding that the branch office cannot be compelled to pay service tax for transactions not directly involving Indian territorial jurisdiction. The impugned order was set aside, and the appeal was allowed.

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