Service tax at restaurants

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Must Read full :- If we cant change system, at least we should change our self

SERVICE TAX At Restaurants - VERY IMPORTANT !!!
Interesting.
I find restaurant bills often so confusing,


...
I just give up and pay the amount shown n the bottom line.

Perhaps we shouldn't.

Incidentally, I also resent the inclusion of Service Charges in
restaurant bills, because it assumes that I was satisfied with the
service. Just a matter of principle. Service Charge should be
something I leave behind at my personal discretion.
I recently demanded that the service charge be removed as the service was non-existent. After a short - very short! - discussion, it was removed. About Service Tax..... Be aware


This happened at the restaurant.

Let me explain.

We had been to several restaurants recently. I observed that "service
tax" was being misused in the way it was being charged to customers.

Let me give an example.
- - - - - - - - - - - - - - - - - - -

Food and Beverage = Rs. 1000.00

Service Charges @ 10% = Rs. 100.00

Service Tax @ 4.94% = Rs. 54.34 (on F&B + Service Charges)

VAT @ 14.5% = Rs. 145.00

Total = Rs. 1299.34


As per the definition - "Service Tax can be charged ONLY for the

services provided to the customer".


Now, see what is happening here in the above example.


Service Tax should be charged only on the Service Charge amount i.e
Rs.100 ONLY, and NOT on the entire amount (1000+100).

In this example, the customer should be charged only Rs 4.94, whereas
he has been charged Rs. 49.00 extra.

Where does this money go?
Only the restaurant owner and the chartered accountants who work for them know.

· So, I have started asking them the questions - and am
surprised to see the reaction from famous restaurants. Either they
say: "Sir we cannot change the format of the bill - so , we will
recalculate and tell you the revised amount. You may pay only that."

OR

· "Sir, you do not need to pay the Service Tax amount itself"!!

I now have 3 to 4 restaurant bills, but for which I have paid only the
service tax on the service charge and NOT on the total amount.



Every bill MUST carry the TIN number and Service Tax Number, if they
charge it. So . . . , I ask for the Service tax number if it is not
available in the receipt that they provide.

As we cannot go to any government official and ask them to get this
right - because of our system.

Please remember - we cannot change any political leader - but we can
change ourselves.

If we change ourselves - things will change.

Please do share this with every one of your friends and known people.

Ask for the right tax calculation
and
Pay only the tax which is supposed to be paid.

Verify every bill and receipt that you make payment on.

 
Replies (4)

 

Hi Mr. Sumit,

Kindly refer to Section 66 E(i), it specifically declares that service potion in  activity of supplying of food or any article for human consumption or any drink (whether or not intoxicating) will be liable to ST.

Further Rule 2C of valuation rules provides for valuation of service portion in an activity where food or any drink is supplied in any manner at SPECIFIED Restaurant, which is 40%. (SPECIFIED restaurant means which are not exempt by notification 25/2012-S.T. )

So 40% of 12.36% i.e. 4.94% is generally charged by various restaurants.

Further entry no 19 of Mega Exemption Notification (25/2012-S.T) which provides exemption to all restaurant, eating joint or a mess from ST if it does not have following facilities

a) facility of air conditioning or central heating in any part of restaurant. and

b)  licence to Serve alcoholic beverages.

So if any restaurant doesn’t want to avail exemption and charge ST then they can charge out rightly.

But as rightly pointed out by you they should mention STR on their Bills

 

Originally posted by : Pradeep Nainawati

 

Hi Mr. Sumit,

Kindly refer to Section 66 E(i), it specifically declares that service potion in  activity of supplying of food or any article for human consumption or any drink (whether or not intoxicating) will be liable to ST.

Further Rule 2C of valuation rules provides for valuation of service portion in an activity where food or any drink is supplied in any manner at SPECIFIED Restaurant, which is 40%. (SPECIFIED restaurant means which are not exempt by notification 25/2012-S.T. )

So 40% of 12.36% i.e. 4.94% is generally charged by various restaurants.

Further entry no 19 of Mega Exemption Notification (25/2012-S.T) which provides exemption to all restaurant, eating joint or a mess from ST if it does not have following facilities

a) facility of air conditioning or central heating in any part of restaurant. and

b)  licence to Serve alcoholic beverages.

So if any restaurant doesn’t want to avail exemption and charge ST then they can charge out rightly.

But as rightly pointed out by you they should mention STR on their Bills

 

thanx for info....

Hello Mr Pradeep I have some confusion in above matter. Please clarify my following points 1) Can I know on which services can restaurants or hotels take service tax credit means will it be beneficial for them not to avail the exemption under notification if I consider the quantum of cenvat credit. 2) In this you told 40% will be treated as taxable services so on that 12.36% rate will be applicable so it shudnt be like vat shud b only on 60% leftout value coz if v consider it as u told then its double taxation both vat and ST on 40% value. And service charges shudnt b taxed at flat 12.36% as its completely a service so y we applied proportionately on it.


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