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The Delhi High Court ruled in favor of Blackberry India, stating that services, except those under Rule 3(1) of Export of Services Rules, qualify as export of taxable services. The court also found Blackberry India not to be an intermediary based on the agreement with Blackberry Singapore.
By
Taxscan Team - On January 12, 2021 1:01 pm
The Gujarat Authority of Advance Ruling (AAR) ruled that 18% GST on commission income from Japan in foreign currency on the Selling of machinery.
The applicant, M/s. Dharmshil Agencies entered into an agreement with Tsudakoma Corporation, Japan to sell their machinery and against the said services, they are receiving commission income from Japan in foreign currency.
The applicant has submitted that earlier under Service Tax Regime, they were paying service tax of 18% under RCM for the above services categorized as ‘Business Auxiliary Services’.
After the implementation of GST, they had started to pay IGST and in GSTR-1 they had shown the same under Export of services. Over and above they are also involved in the export of goods and they had made export with payment of duties, because of export of services, problems have arisen in ICEGATE site and they could not get their refunds due to mismatch in the amounts and that they had