Reverse charge mechanism

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himanshu (Querist)

22 April 2013 Dear sir/ madam
please guide me under a situation i.e. is there any difference between hiring of cab and renting a cab under reverse charge mechanism. my problem arises due to Notification No. 30/2012-Service Tax in which the word 'hiring' has been removed as compared to earlier notification.

regards
Himanshu upadhyay

CA Vikas Acharya

CA Vikas Acharya (Expert)

22 April 2013 don't know about y the notification removed the same, but can share my view, which may help you.
when we take cab services on rent, then that comes under reverse charge. eg often companies take this service for there employees and pays monthly rental. rcm applicable.
now when we hire a cab, that in my view comes under the situation when we hire it for a particular visit or travel then that is covered under transport of passenger by road, which is in negative list and out of net of tax.
other expert's view may differ

Message likes : 1 times

himanshu

himanshu (Querist)

23 April 2013 Thanks Mr. Vikas.....

himanshu

himanshu (Querist)

23 April 2013 But what if the company is deducting TDS on payment made to cab provider but they are not charging reverse charge on the same point i.e . they are hiring the cab

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