Service tax applicablity on hiring bus

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

23 March 2015 Hi i want to know service tax applicable on hiring bus for official tour of employees for nainital of 2 days.

Manish Jain

Manish Jain (Expert)
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23 March 2015 Effective Rate would be 4.80%

Any person providing service of ‘renting’ of motor vehicle designed to carry ‘passengers’, which is not covered under the negative list u/s 66D and also not exempted vide Notification No.25/2012-Service Tax, dated the 20th June, 2012 is covered in the description of rent-a-cab service. It can be clearly seen that renting of any motor vehicle (and not just a cab/taxi) is included. It means it includes renting of motor cars, motor cabs, maxi cabs, mini buses, buses and all other motor vehicles which are designed to carry passengers, irrespective of its passenger carrying capacity. The more meaningful description of this service could be ‘Rent-A-Passenger Vehicle Service’ which is not provided in the listed services. Also note that the vehicles like truck, trailer, dumper, etc designed to carry goods are not covered by this description.

As per Sr. No. 9 of Notification No. 26/2012-ST dated 20-06-2012, abatement of 60% is available on Rent-A-Cab Service i.e. service of renting of any motor vehicle designed to carry passengers. It means service tax is payable on only 40% of the value of Rent-A-Cab service. The abatement is subject to the condition that the Cenvat Credit of inputs, capital goods and input services, used for providing the taxable service, has not been taken under the provisions of Cenvat Credit Rules, 2004. If the service provider avail cenvat credit on any input, capital good or input service, used for providing rent a cab service, then abatement is not available.

Querist : Anonymous

Querist : Anonymous (Querist)

23 March 2015 suppose we received bill of 63000 for hiring two buses how much tax we need to pay.