applicability of service tax
This query is : Resolved
01 November 2009
Dear All,
My client gives helicopter on rent. Whether applicability of service tax arises?He got a notice from excise department raising demand of service tax.After getting notice he resigtered under "Supply of tangible goods" and paid the service tax liability. Now, he want to go for appeal.Pls suggest.
Regards
Sandeep
My client gives helicopter on rent. Whether applicability of service tax arises?He got a notice from excise department raising demand of service tax.After getting notice he resigtered under "Supply of tangible goods" and paid the service tax liability. Now, he want to go for appeal.Pls suggest.
Regards
Sandeep
ANIL JANGID
(Expert)
01 November 2009
The entry which needs to be examined is supply of tangible goods under service tax.
(1) Where the Tangible Goofs is hired out and the control and possession is given to the cusotmer the transaction would be liable under the VAT/CST law.
(2)Where the possession/ control is not given to the cusotmer then the same is liable under supply of tangible goods wef 16.5.2008.then liable to pay service tex,no need to go for appeal.
(1) Where the Tangible Goofs is hired out and the control and possession is given to the cusotmer the transaction would be liable under the VAT/CST law.
(2)Where the possession/ control is not given to the cusotmer then the same is liable under supply of tangible goods wef 16.5.2008.then liable to pay service tex,no need to go for appeal.
01 November 2009
Thanks Mr. Anil
Pls also clarify helecopter given on rent will be covered under supply of goods.The word supply is creating confusion.Secondly, pls give your inputs with regards to possession and control.If there is one helicopter and given on rent how the VAT will be charged.
Pls also clarify helecopter given on rent will be covered under supply of goods.The word supply is creating confusion.Secondly, pls give your inputs with regards to possession and control.If there is one helicopter and given on rent how the VAT will be charged.
ANIL JANGID
(Expert)
01 November 2009
In my views,condition Number 2 will be applicale go for appeal not adviseable,
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