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Separate Bill for Reimbursement

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(Querist)
22 April 2010 Friends,

If a separate bill is raised for reimbursement of expenses @ actuals, does it fall under the service tax purview.
Pls quote teh appropriate rules/section/case laws.
Thanks in advance

Radhe Krishna
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CA CS CIMA Prakash Somani

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CA CS CIMA Prakash Somani (Expert)
22 April 2010 yes, it should as it does not change the end liability & nature of expense
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sanath

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sanath (Querist)
22 April 2010 I dont agree with you. ANy case laws to support your stand?
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ABHINAV AHUJA

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ABHINAV AHUJA (Expert)
23 April 2010 Dear Sanath,

The service tax liability is on Gross Amount Charged by the provider of services.
So even if the amount is paid at actuls and as re-imbursement, it is liable for service tax.

Only exception is payment as pure agent , where service provider makes payment to third party as an agent of service receiver. To get the amount excluded from service tax as per pure agent concept , the payment should full fill certain conditions given in act.
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