Service Tax on Chartered hired Vessel

This query is : Resolved 

17 March 2011 Please advice whether service tax is applicable on Chartered Hired charges payable to Indian Vessel owner.

17 March 2011 Giving right to use goods with transfer of possession and control not liable under service tax.

17 March 2011 We are concern about whether we have to pay service tax to the vessel owner for charter hire charges or not.

18 March 2011 First test is whether possession and effective control of the vessel stands passed on to you. If yes, no service tax but may attract vat. If no, service tax attracts. Then, second test is whether the recipient of the service is situated outside India and hire charges received in India in FE. If yes, it is export of service and hence no service tax.

18 March 2011 Thanks Sir

Happy Holi.


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