Service tax 4.944 for "food outlet" in malls

Hi

I am a director for a Private Limited Company in Chennai.

We recently started a restaurant in Chennai in a mall. It is in a "food court" where there is a common dinning for may food outlets. My company [Franchisee] franchised a branded food company and we pay royalty from sales to the franchiser

Now my problem is:

We collect from customers a VAT of 2% and "Service Tax" 4.944% [as recommended by Franchiser].

We purchase raw materials from franchiser and from other suppliers. When we purchase items, we pay a Sales TAX of 5%.

When we pay royalty to the franchiser, they charge a service tax of 12.36% with the royalty fee.

When we pay the rent & the maintenance to the mall [which is already very high], they charge a service tax of 12.36% Education Cass and higher education charges 2+1=3%.

Before we plan to start the business, our auditor said, whatever we pay the tax, we can deduct the amount we paid to the suppliers [purchase / rent / royalty] and the difference will be paid. But when we talk to him now, when we charge 4.944% as service tax and 2% as the VAT, we cannot deduct the amount we paid already to the suppliers!

It is shocking news for us, while we not even get the breakeven in our business. We end up in paying many taxes.

Please advise how to resolve the situation.

Thanks

 

 

 

Replies (2)

Dear Jerome, when it comes to serivce tax, CENVAT Credit on INPUT SERVICES such as rent, maintenance charges, etc is very much available for restaurant service. Service tax paid on such services can be set off against your service tax liability. Kindly refer Explanation 2 to Rule 2C of Service Tax (Determination of Value) Rules, 2006 as amended vide notification no 24/2012- service tax, dated 6th June 2012.
 

Hi Mr. CA Shravana, Thank you so much for your advice.

Could you also please clarify that, when we charge the customers for a Sales Tax VAT of 2% and a Service Tax of  4.944%, CAN WE set off the amount paid to suppliers as VAT and Service Tax?

We collected a Sales Tax VAT at the rate of 2%  which is Rs. 6,000

We collected Service Tax at the rate of 4.944% which is  14,832

We already paid Sales tax Rs. 5,400 @ 5% while purchase of raw materials. Service Tax Rs. 12,700 @ 12.36% during rent and royalty payments

As per the current rule, what we should pay as Sales Tax and Service Tax?

Please send me the link for the rule what you have mentioned in your earlier reply for my detailed understanding.

Once again thank you for your response.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 17 August 2026
Article Assistant

K R Kiran Kumar & Associates

Bengaluru

CA Inter

View Details
Company
21 August 2026
Finance Manager

Resollect Technologies Pvt Ltd

Mumbai

CA

View Details
Company
ARTICLESHIP 08 August 2026
CA Articleship

RSAG & CO LLP

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 24 August 2026
Chartered Accountant Articles

Rohit KC Jain & Co

New Delhi

CA Inter

View Details
Company
27 August 2026
ACCOUNTANT

CHARUPREETI & CO

Noida

Graduate (Any)

View Details
Company
25 August 2026
Senior Accountant

MG Associates

New Delhi

CA Inter

View Details
Company
24 August 2026
Semi-Qualified CA/CA Finalist - Tax, GST, Audit & Accounts

Bharat Shah & Associates

Mumbai

CA Inter

View Details
Company
28 August 2026
Assistant Manager

NRS AND ASSOCIATES

Kozhikode

CA Inter

View Details