28 March 2013
Sir, I want to know whether service tax (under reverse charge) is applicanl on toll tax and parking charges.(Car operator has made payment for toll tax and parking charges and shown in his bill separately with car hiring and submitting the bill/receipts also for reimbursement)
whether toll tax and parking charges will part of taxable value or not?
25 March 2014
It will form the part of Taxable value except the service provider act as a Pure agent ( read Rule 5 (2) to check for qualifying as a pure agent).
The Finance Act, 2006, has brought about major changes in the principles of determination of the value of taxable services. Valuation of taxable services is now governed by the newly substituted Section 67 of the Finance Act, 1994, read w ith the Service Tax (Determination of Value) Rules, 2006 (hereinafter referred to as Valuation Rules).
As per Rule 5 of the Valuation Rules, w henever any expenditure or costs are incurred by the service provider in the course of providing taxable services, all such expenditure or costs shall be treated as consideration for the taxable services so provided or to be provided and shall be included in the value for the purpose of charging service tax on the said services.
This w ould mean that out-of-pocket expenses incurred by the service provider for the provision of services and charged to and recovered from the recipient of the services will be part of the value of taxable services and will be charged to service tax.
CAclubindia
