Reimbursement of expenses liable to service tax or not

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Hi

I want to know whether reimbursement of expenses which are paid by the service provider while providing the service( eg. telephone expenses or travelling expenses) are liable to service tax or not?

But as per Delhi High Court judgement in the case Inter continental Consultants and Technocrafts Pvt Ltd vs Union of India  reimbursement of expenses are not liable to service tax.

So what is current implication whether service tax is levied or not in the following case?

Thanks in advance. Suggestions awaited....

 

 

Replies (1)

Its a controversial issue as far as Delhi HC's judgment in favour of assessee, even there are some judgements which are contracditory to this.

if you are charging the reiburment expences in your invoices alongwith the service value you need to pay tax on gross amount of invoice.

if you are charging seprately, let inform the department about same alongwith the copy of Delhi HC judgement copy to safeguard you self from any penal action in future.


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