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Vikash Raj (Manager)     16 January 2013

Online education and tutoring

Dear experts,

I would like to know whether online education and tutoring provided to students by a tutor in India to outside India students through online platforms and websites comes under service tax. The payments come from students and intermediaries  in dollars in to PayPal account first and then into Indian bank account after converting them into Indian Ruppees on Paypal.

 

i would also like to know, if a company or individual has a online education website through which students and tutors around the world interacts. The students ask for help from tutors against money in dollars and the website deducts 20% of the amount paid to the tutor by the student, for the online platform and service provided by the website. Does the individual / company who has such website comes under service tax.

 

Please reply with your valuable inputs.

 

Thanks.



Learning

 3 Replies

Vikas (asasd)     18 January 2013

Hi,

 

Yes. As per service tax law only following service is exempted -

 

Services provided-
(a) to an educational institution by way of catering under any centrally assisted mid – day meals scheme sponsored
by Government;
(b) to or by an institution in relation to educational services, where the educational services are exempt from the levy
of service tax, by way of transportation of students or staff;
(c) to or by an institution in relation to educational services, where the educational services are exempt from the levy
of service tax, by way of services in relation to admission to such education;

 

Also, the services are rendered from India hence it is taxable.

 

Warm Rgds,

 

Vikas Goel


A.C.A., CS, D.I.S.A., B.com

 

Neha Sharma (Student)     03 February 2013

Although Service Tax is liable to be paid on such Income, you can claim exemption of being a small scale service provider if your gross turnover is less than Rs. 10 Lakhs

Sathyan A.R. ( Advocate practising tax advisor)     04 February 2013

yes the service by private tutor is liable to be charged under service tax and it is covered under the category of exemption. The services provided being in india he is liable for the service tax, although the receipients are students from outside india.

As for as income tax is concerned, the sergice providers income is chargeble to tax , he beinjg a resident and ordinarily resident.  However yhe service tax paid by him can be taken as expenses and debited to profit andloss accout

The web site is on indian platform.  What they charge may be facilitating charges. it appears the burdenis on you tobear that chargae which may be calimed as expenses.

 

advocaate. A.R.Sathyan. MA,llb. tax expert.


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