Service tax on food and beverage

This query is : Resolved

Pravesh Sharma (Querist)
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06 October 2015 PLEASE HELP ME

My client have restaurant. My client serve food in restaurant have air condition and have home delivery of food.
My client levy service tax 5.60% on food serve in restaurant on 40% of bill amount.My client charge delivery charge on home delivery and not collect service tax
My client pay royalty for use of band name, on royalty my client pay service tax on royalty amount @ 14%.

please guide me can i take full cenvat credit of service tax paid on royalty

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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06 October 2015 Service tax payable on home delivery foods. Full cenvat credit can be taken on royalty payments.

praveen

praveen (Expert)
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06 October 2015 40% charge of service tax is correct. In case of home delivery 14% has to be collected on the delivery charges alone. As far as service tax on royalty is concerned you can claim the full credit.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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06 October 2015 Service tax payable on 40% value of take away foods and on 60% value on out door catering.

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