ArticleGST Article

Export of Services vs Intermediary Under GST – Principal-to-Principal Service Contracts Qualify as Export of Services

The Hon’ble Rajasthan High Court in the case of IDP Education India Pvt. Ltd. held that services rendered by the Petitioner to IDP Australia under a bi-partite agreement, without any contractual relationship with students, do not qualify as intermediary services under Section 2(13) of the IGST Act. Consequently, these services qualify as “export of services” and the Petitioner is entitled to IGST refund.

ArticleGST ArticlePre-GST

No dispute can be raised on Export of Services Contractual Relationship Governs Taxability, and Not Location of Beneficiaries in India

The Hon’ble Supreme Court in the case of Commissioner Of Service Tax-III, Mumbai held that the services provided by the Respondents [Assessees (Taxpayers)] were rightly held to be exported outside India and hence not liable to service tax under the Export of Service Rules, 2005, as the twin conditions of recipient location outside India and receipt of payment in convertible foreign exchange were satisfied.