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- Whether Business process outsourcing services provided outside India would qualify as "Intermediary Services" or "Export of Services" ?
Whether Business process outsourcing services provided outside India would qualify as "Intermediary Services" or "Export of Services" ?
Issue Favourable to Tax Payer ?:- yes
Held - A plain reading of the aforesaid definition makes it amply clear that an intermediary merely arranges or facilitates supply of goods or services or both between two or more persons. Thus, it is obvious that a person who supplies the goods or services is not an intermediary. The services provided by the intermediary only relate to arranging or facilitating the supply of goods or services from the supplier. In the present case, there is n.....
Issue Favourable to Tax Payer ?:- yes
Held - A bare perusal of the recitals and relevant clauses of the MSA reproduced hereinabove do not in any manner indicate that petitioner is acting as an “intermediary” so as to fall within the scope and ambit of the definition of “intermediary” under Section 2 (13) of the IGST Act. Such clauses cannot also be interpreted to conclude that the petitioner has facilitated the services. The said clauses are in relation to the modalities o.....
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