service tax on exp reimbursement

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Can any one please clear my doubt about exp reimbursement from clients

We are running a man power supply services. our client ask for drivers, we supply divers to our clients, for driving thier vehilce. One day the vehcile got  repaired and our driver paid the repair charges.  The repair bill in the name of our client includes Service tax. We paid the repair charges to our driver and got reimbursed from our client with out service tax.  Will this transcation effect serivce tax payment. If we reimbuse the amt with service tax then there will be double taxation issue.

kindly clarify

Replies (4)

You can avail the credit of the repair bill if you are collecting the ST from the client.

Reimbursement of expenses to the service providers, other than a pure agent, necessarily forms part of the value of service provided. Only those expenses reimbursements for which a pure agency agreement subsists and incurred on behalf of client are not chargeable to service tax. Secondly, all those expenses which are not necessarily required to provide the service cannot be included in value of service for the purpose of charging service tax. Such expenses, evenif you don't incur, cannot stops you from providing your service. In your case, the expense incurred by your driver is altogather different and not related to to supply of manpower service. Once you supply the manpower, your service is over. You could have got the reimbursement of service tax also. 

Since the bill in the name of client, you cannot avail the credit of service tax paid.

DEAR SIR WE ARE PROVIDING CONSULTING ENGINEER SERVICE FOR WHICH WE ALSO GET THE REIMBURSEMENT OF EXPENSES INCURRED BY OUR EMPLOYEES FOR OUR CUSTOMERS WE ARE CHARGING SERVICE TAX FROM OUR CUSTOMERS MY QUERY IS THAT INPUT CREDIT CAN BE AVAILBLE FOR THAT REIMBURSEMENTS AS WE PAYING SERVICE TAX AND ALSO CHARGING SERVICE TAX FROM OUR SUPPLIERS


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