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Service Tax on Restaurant Services

This query is : Resolved 
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(Querist)
28 April 2011 Dear sir,

We are having FL3 Licence for serving Liquor in Bar. And, we are not having Licence to Serve Liquor in A/c Restaurant & not serving the same in Restaurant.

Please confirm, we are liable the Tax of 3.09% at Restaurant or Not ?
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Anoop Gupta

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Anoop Gupta (Expert)
28 April 2011 According to my view, the service tax does not diffrentiate between restaurant and bar. The definition of restaurant is any restaurant, by whatever name called, having the facility of air-conditioning in any part of the establishment, at any time during the financial year, which has license to serve alcoholic beverages.

Therefore i think in your case, service tax is applicable.
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