Service tax on machinery & tools

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This query is : Resolved

sanjaykumarchauhan (Querist)

30 April 2013 OUR COMPANY GIVES THE SOME MACHINERY & TOOLS ON RENT WHERE ANY APPLICABILITY OF SERVICE TAX?? KINDLY SUGGEST IF YES IN WHICH SERVICE

CA Vikas Acharya

CA Vikas Acharya (Expert)

30 April 2013 such transactions normally covered under operating lease, and hence a declared service and taxable.
66E(f)

operating lease : Operating lease is a contract between the lessor and lessee such that the cost of the asset is not fully recovered from a single lessee. This means that the period of the lease will be shorter since the lessor will recover the cost of the asset from multiple lessees. Repair and maintenance of the asset is the lessor's responsibility.

Saransh S

Saransh S (Expert)

30 April 2013 A) Renting of movable goods:

1) If Control of such goods is transferred to the lessee: Such transaction attracts levy of VAT/CST. Eg: Hire of chairs etc

2) If Control of such goods is retained by lessor: Such transaction attracts levy of Service Tax. Eg: hire of machinery with operator. Where operator is the employee of the lessor

B) Renting of immovable property – attracts levy of service tax

Saransh S
H.M. Giriya & Co

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