Service tax on restaurant service

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

25 January 2013 Dear Sir,
We are in hotel business and having one AC Restaurant and One Non AC Swimming Pool Restaurant in our Resort Premises.
Sir, the company has license to serve liquor.
However, we are not serving liquor in AC Restaurant; we are serving liquor only in Pool Restaurant which has Bar too.
We are in dilemma whether to charge service tax on our Restaurant Service? And if yes, whether to charge service tax on Service provided in both Restaurant?

CA Vipin Jain

CA Vipin Jain (Expert)
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28 January 2013 Hi,

in mega exemption notification exemption for restaurant is provided only when there is no AC facility in ANY PART OF ESTABLISHMENT and License to serve alcoholic beverages is not been taken.

In my opinion if there is AC facility in any part of establishment then service tax is applicable for all services (food & beverages) provided within the establishment.

regards

CA Vipin Jain

Message likes : 1 times

Querist : Anonymous

Querist : Anonymous (Querist)

29 January 2013 Thank You very much Vipin SIr..

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