Amount on which service tax has to be charged

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This query is : Resolved

Hitesh Alwani (Querist)

09 February 2015 Respected Sir/Madam/Friends,

One of my client has problem of charging service tax on services provided by their company. here i am going to describe the problem and expecting ans from You....thanking you in advance.

the problem is "In past they were providing X services to client and the rate which were charged was consider as basic rate and service tax was charged on that basic rate (say on X) and after some period of time my client had demanded for increase the rate due to increase in the cost of services provided by them and client has revised (increased) the rate with out clarifying that such rates are inclusive or exclusive and at the time of asking for service tax by my client the customer is denying arguing that such amount is inclusive of service tax though in past such rate was consider as basic rate..
please give me ref of case law/judgement....
Thanking You in Advance...

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

09 February 2015 It is the terms of agreement which makes the service tax is inclusive or exclusive. If no written agreement is there it may not be questioned, case law/judgement will not support. You have to break the rate and prepare invoice accordingly.

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