Reimbursement of electricity charges

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Querist : Anonymous

Querist : Anonymous (Querist)

17 May 2013 A hotel lets out a portion of its building to a person for commercial use and collects a fixed monthly rental for premises and fixed monthly charges for use of electricity. Is service tax applicable on the electricity charges received?

Ganeshbabu K

Ganeshbabu K (Expert)
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18 May 2013 No servicetax is applicable on re-imbursement of expences

provided there is no profit element in re-mbursement expences and only actuall expences are to be re-imbursed, and all bills for expences incured were provided

Ganeshbabu K

Ganeshbabu K (Expert)
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18 May 2013 service tax rule 5(1) may suggest us to charge service tax on re-imbursement is ultravires the act

please refer

delhi highcourt judgement in the case of

intercontinentalconsultants and technco cart pvt ltd

https://www.caclubindia.com/experts/service-tax-on-reimbursement-of-expenses-1310799.asp

https://www.kpmg.com/IN/en/services/Tax/FlashNews/Rule-5-Service-Tax.pdf

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