R.AJITH KUMAR
08 September 2012 at 12:09

Restaurant in 3 star hotel

hai...
i need to know about, whether service tax is applicable for restaurant in a 3 star hotel......
if applicable means, what is the rate of service tax?if there is any abatement?

If can give appropriate link also...


Rakesh Kumar Singh

According to Notification No 26/2012 dated 20-06-2012 with effect from 01-07-2012 in respect of Construction of a complex, building, civil structure or a part thereof which is intended for sale to a buyer, wholly or partly, service tax is payable on the 25% of the amount charged by such service provider subject to the condition that CENVAT Credit on “inputs” used for providing the taxable service has not been taken under the provisions of the CENVAT Credit Rules, 2004. In other words, Department has given bonanza to builders by allowing them to avail and utilize CENVAT Credit in respect of “input services” and “capital goods” while discharging their service tax liability in respect of Construction Services with effect from 01-07-2012.

Case-1
For Example: we are developing a residential/ commercial building and also planned to sale 80% of flats before issuance of completion certificate and balance of 20% retained as stock-in-trade and to sale it after issuance of completion certificate. According to section 66E of the Finance Act-2012, in case of 80% of sale; service tax applicable; whereas in case of 20% of sale, service tax is not applicable due to consideration received from buyer against the cost of flat after the issuance of completion certificate.

Case-2
We received consideration i.e. 80% of flat cost from prospective buyer before issuance of completion certificate and 20% of flat cost at the time of hand over of possession after the issuance of completion certificate.

Case-3
We accumulated CENVAT Credit at Head Office from the services provided for Plotted Project and other activities on which service tax is not leviable as well as for construction complex services on which service tax is leviable.

Queries

1.What is the implication of CENVAT credit in Case-1 & 2; can we utilize 100% of input service tax against 80% of out put tax liability?

2.What is the implication of Rule 6 of CENVAT Credit Rule-2004 in Case-3; Can we utilize all CENVAT credit against our service tax liability?

3.Kindly provide the procedure for utilization of CENVAT credit in all the above three cases.


R.AJITH KUMAR
08 September 2012 at 11:53

Restaurant in 3 star hotel

hai...
i need to know about, whether service tax is applicable for restaurant in a 3 star hotel......
if applicable means, what is the rate of service tax?if there is any abatement?

If can give appropriate link also...


MANOJ KUMAR SHARMA
08 September 2012 at 11:10

Tax on advocate

what is the matter of service tax in terms of advocate ? kindly convey me it's urgent.thanks in advance


Dhaval soni
08 September 2012 at 10:54

Works contract

If the vendor is providing the service of replacement of various machinery,which includes material as well as service, and if he is charging 12.36 % service tax then in this case whether its works contract and whether we are liable to bear 50% under reverse mechanism


titu

sir ,

IF GTA levies 25% service tax on its freight bills , the following questions arise:-

1.Can Input ST credit in respect of 25% service tax be claimed by service receiver ?

2. Will the PRC mechanism come to picture ? if so , how mach percentage of ST will the service receiver supposed to pay ?


thanks in advance

ashok malhotra


Siva Chockalingam.Rm
08 September 2012 at 10:18

Service tax on trust

Sir/Madam,
With effect from 01.07.2012 onwards whether Service Tax is to be collected from Trust for work done/Bills raised in the name of Trust.

Previously, Trust is not a commercial entity,Service Tax not collected from Trust.

In view of recent changes,based on negative list of Services,is Service Tax applies to Trust?
Thanks
Siva


Rahul
08 September 2012 at 10:12

Reverse charge

Dear Sir, Service tax liability is on whom in case of Works Contract Services by body corporate to body corporate? What is the applicable % of service tax on WCT for private road WCT service?


Golak Panigrahy
08 September 2012 at 10:08

Service tax on man poser supply

Dear Sir

We are Service Receiver of Man power, Our Service Provider charges Service Tax 25% on bill. & writes 75% of S.T Payable by service receiver.

I want to know that we are liabel to pay the service Tax i.e. 75% and what amount is eligible to cenvat purpose.

Let me know in detail.

Thanks



Anonymous
07 September 2012 at 18:30

Service tax on labour work sub contracted.

Hi friends,

I am working in a PVT LTD company undertaking govt. contracts, and most of contracts are exempt from applicability service tax.

We are undertaking construction of roads, bridges, etc. and these activities are exempt from service tax. We also sub contract most of our work on works contract basis so sub contractor also gets exemption from service tax.

Now my question is as:-
If we sub contract only labor work,i.e., material provided by us and work is done by sub contractor, will above sub contracting of labor work would be treated as supply of man power for any purpose and attract service tax liability as per notification no. 30/2012- ST.






CCI Pro



Answer Query

Company
ARTICLESHIP 16 September 2026
CA Article Trainee

SR BAGAI & Co.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 21 September 2026
CA Article Assistant

KK & Company Chartered Accountant

Pune

CA Inter

View Details
Company
ARTICLESHIP 16 September 2026
Article Assistant

MANUJ SHARMA AND COMPANY

Noida

CA Inter

View Details
Company
ARTICLESHIP 18 September 2026
Industrial Trainee

Twenty Point Nine Five Ventures Private Limited

Noida

CA Inter

View Details
Company
05 October 2026
Senior Accountant

Vision IT Peripherals Pvt Ltd

Mumbai

B.Com

View Details
Company
14 October 2026
Accountant

Rize.farm

Bengaluru

B.Com

View Details
Company
ARTICLESHIP 07 October 2026
Article Trainee/ CMA Trainee

RMA And Associates LLP

New Delhi

CA Inter

View Details
Company
16 September 2026
Internal Audit - Team Lead

Consulting & Beyond

Chennai

CA

View Details