Service tax liability on materials received free of cost


This query is : Resolved 

(Querist)
11 August 2009 We are providing a service of Site preparation and formation to a unit. We are charging rate at per MT basis say Rs. 50/- per tonne. Additionally the unit is supplying us HSD free of cost at actual consumption rate of the equipments used at unit site.

My query is:
We should charge service tax on basis rate i.e. Rs. 50/- per tonne only OR

We should also charge service tax on HSD price supplied to us at free of cost.

The unit is of the opinion that HSD is reimbursement on actual basis and it's a material and doesn't cover in service, so we should not charge service tax on HSD.

Kindly provide your valuable suggestions with relevent notification / circulars.

SARATHY RP (Expert)
12 August 2009 Dear Mr Gupta,


Only in case of Works Contract Services under Composition method of discharge, the value of material issued free by the contractee has been included vide notification no.23/2009-ST, dated July 7, 2009.

Your scope of work is purely rendering taxable services without transferring any goods to your contractee.

Hence, according to me, the HSD supplied by the contractee is not a part of your taxable service and hence there is no service tax liability.

Thanks.

Sarathy



You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
05 October 2026
Senior Accountant

Vision IT Peripherals Pvt Ltd

Mumbai

B.Com

View Details
Company
ARTICLESHIP 23 October 2026
Articled Trainee

J Y & CO

Hyderabad

CA Inter

View Details
Company
10 October 2026
Accounts Associate Level 1

Abic and Mani Chartered Accountants

Kottayam

B.Com

View Details
Company
19 October 2026
Accountants/Articles (Freshers/Experienced)

ADY & CO.

New Delhi

Graduate (Any)

View Details
Company
Featured ARTICLESHIP 28 October 2026
CA- Inter and Articles

N N V Satish & Co.,

Hyderabad

CA Inter

View Details
Company
06 October 2026
Assistant Manager - Audit and Compliance

Ravi K Jain & Co

Noida

Others

View Details
Company
12 October 2026
AUDIT , ACCOUNTS AND TAXATION

KDSS

New Delhi

B.Com

View Details
Company
19 October 2026
Accountant

Jari Saree Center

New Delhi

Others

View Details