CST or Service TAx


This query is : Resolved 

(Querist)
09 December 2009 Hi,
I want to know , in case of Inter-state supply of services, which is applicable - CST or Service tax?
If a person engaged in business of providing machineries on hire-basis to customers in other State, should he charge CST of Service tax in his Invoice ?

09 December 2009 Sales Tax and Service Tax are mutually exclusive.

If the possession and effective control is transfered, CST is chargeable, else Service Tax.

Manjula (Querist)
09 December 2009 thank you very much Shyam. The machinery is rented out to the customer. So, no possession & control is transfered. It is used by the customer in is construction work. Is CST applicable in this case?

09 December 2009 No, in this case service tax appliable

09 December 2009 Service tax is applicable

10 December 2009 The machine are rented is not sufficient to prove that effective control and possession is not transfered. The arrangement needs to be gone into detail.


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