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Will service tax charge on JCB machine given on rent

This query is : Resolved 
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(Querist)
04 June 2011 Sir
If JCB machine is given on rent possession in owners hand whereas all operating expenses is beard by the person whom JCB is given on rent.Is owner liable to collect service tax in his billunder service tax act, service tax on rent of plant & machinery.total rent received is more than Rs. 10 lacs in a year.
please give your valuable advice
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K V Subba Rao

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K V Subba Rao (Expert)
04 June 2011 Plz check the following---

https://www.caclubindia.com/forum/machine-given-on-hire-service-tax-or-vat-applicable-46362.asp
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CA Sumat Singhal

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CA Sumat Singhal (Expert)
06 June 2011 I think yes he will be liable for service tax under head of supply of tangible goods and services...
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BhaveshChawda

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BhaveshChawda (Querist)
08 June 2011 Sir
thanks for reply
whether there is any requirement for levy service tax that the plant machinery should be fixed in land.
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BhaveshChawda

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BhaveshChawda (Querist)
08 June 2011 Sir
Thanks for Reply
Whether it is required that plant machinery should be fixed on earth to levy service tax.
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CA Suresh Jain

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CA Suresh Jain (Expert)
13 August 2013 No, machine whether fixed on ground or not, hiring thereof "with possession and control" is not taxable under service tax
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