Renting of motor vehicles to body corporate

Queries 632 views 2 replies

Dear All Learned CA /CMA / CS

My client is providing vehicles to body corporate ( Ltd. Company ) for transporting of their employees from fixed pick up point to the factory and from factory to their pick up point. Client is having the service tax registration as a Tour Operator services  and not taking any  cenvat credit for provision of services . The Service receiver ( Ltd Company ) asked the client not to charge the service tax in bill and they will pay the service tax under reverse charge basis under notification no. 30/2012 Sr No. 7(a ) .effective rate 4.944%

But our real problem start here , when we file the  service tax return of our client ( service provider ) in column A10.1 Service provider u/s 68(1) Yes A10.3 Service provider under partial reverse charge No . Because Ltd. Company is paying the service tax , but we have to show the amount received from Ltd. Company in column B1.3 ( previous year GTO is below Rs.50 Lakhs ) we are showing the exemption amount it column in B1.9 .and taxable value B1.15 is NIL  because ultimately the tax liability of our client is ZERO .

But  after return is  filed the message on the face of returned filed pdf is  as Exemption Notification No.{ 030/2012-S.T. } and Serial No.{ 7(a) } is not applicable to the Service { Tour operator services } and/or for the return period.

Now what to do in this case by which this error will go ? please advice

Thanks

 

A M SHEMBEKAR

 

 

 

Replies (2)
according to me your service does nit come under rentung of motor vehicle you should charge service tax on bill even then if you want to pay the tax as per rentung if mitor vehicle add that service to you r registration

As far as i can understand is that your client should be registered as "Rent-a-cab scheme operator" under section 65(105)(o)

Software is giving correct error message as Reverse charge is not applicable in case of Tour Operators.


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