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GST liability for providing business services in India & abroad


17-Feb-2023 (In GST Law)
Sir, I provide consultancy services to one particular Chinese manufacturing company for their business promotion in India and to foreign countries including getting orders, market conditions, vendor identification, technical services etc. For this, I receive fixed monthly professional fees along with extra % age commission if I achieve over and above sales target and also get reimbursement of any actual expenditure incurred by me during travelling/promoting within India or abroad in convertible foreign exchange. More than 50% business I am generating from foreign countries for my China company. My place of work/ location is in India. Kindly let me know your expert advice if there is any GST liability on me for providing business services within India or abroad or am I eligible for exemption from GST under export of goods or services or can get proportionately such benefit for foreign business on behalf of China company? Regards
Answers (2)

Answer #1
558 votes
You are liable for registration under GST . Accordingly, you are required to collect and pay GST on the domestic services. Further, in case of exports, you can take benefits of the input tax credit refund, if any or you may expense off the service tax liability or you may export without payment of GST. You can get benefits under Exports promotion schemes.
Answer #2
573 votes
Sir,

You question needs more examination of transaction. Under GST Law, there are condition which needs to be fulfilled for qualifying for export services. You are providing business promotion service in India for Chinese company. Apart from this you procuring orders for them. Whether it is for sale in India or anywhere else. it needs detailed examination.

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