Service tax applicability

Queries 728 views 4 replies

Pls clear my doubt,

 A partnership firm has closed its restaurant business and is providing oly outdoor catering and the restaurant has no A/c facility.Is the above service a taxable service or will it get exemption under notification 25/2012 ST dated 20.6.2012.

 

Replies (4)
Only outdoor catering is taxable service. If restaurant is not charging service charge from customers there is no need to pay ST for restaurant business
Catering business will be taxable as per the rate mentioned in the notification

outdoor catering service taxable 

Please refer 

2C. Determination of value of  service portion involved in supply of food or any other article of human consumption or any drink in a restaurant or as outdoor catering.- Subject to the provisions of section 67, the value of  service portion,  in an activity wherein goods   being  food or any other article of human consumption or any drink (whether or not intoxicating) is supplied in any manner as a part of the activity at a restaurant or as outdoor catering, shall be the specified percentage of the total amount charged for such supply, in terms of the following Table, namely:-

Table

Sl.

No.

Descriptttion

Percentage of  the total amount

(1)

(2)

(3)

1.

Service portion in an activity wherein goods, being food or any other article of human consumption or any drink(whether or not intoxicating) is supplied in any manner as a part of the activity,  at a restaurant

40

2.

Service portion in outdoor catering wherein goods, being food or any other article of human consumption or any drink(whether or not intoxicating) is supplied in any manner as a part of such outdoor catering

60

 
Link:https://www.servicetax.gov.in/notifications/notfns-2012/st24-2012.htm
60 percent of the value of outdoor catering will be liable to service tax. Ac or no ac is valid only for restaurants and not catering.


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