Service tax on hotel bills... worth pondering

Others 9676 views 8 replies

 

Be careful while paying restaurant bills.
 
About Service Tax..... how the restaurants take your money ... We had been to several restaurants recently. I observed that "service tax" has been mis-used and charged to the customers.
 
Let me give an example. 
 
Descripttion Tax % Amount 
Food and Beverage       1,000 
Service Charges @ 10% (on Food and beverage amount) 10%           100
Sub Total     1,100 
Service Tax @ 4.94% on sub total (4.94% on F & B + Service Charges) 4.94%             54
VAT @ 14.5% on Rs. 1,000 14.50%        145 
Total Bill Amount   1,299 
 
 
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 said example. 
 
Service Tax should be charged only on the Service Charges amount i.e Rs.100 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. 
 
 
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.  Sir, you do not need to pay the Service Tax amount itself. 
 
I now have 3 to 4 restaurant bills, for which I have paid only the service tax - on the service charges 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. 
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 bills and receipts that you make payment on.  
 
Replies (8)

Is it possible ? ?   service tax and vat both liable at the same time..

Thanks, manikanta for such useful posts.

Service Tax will be applicable on service charges part which are taken and VAT will be levied on the Food and Beverages Part of the bill.

 

i regret as there is subsequent Amendment  in this regard...
Further to the previous post, providing hereunder the latest position with regard to charging of Service Tax on Restaurant bills
 
Statement Showing the Calculation of ST under Restaurant Service
Rs.
Amount charged towards the Food 100
Service Tax @ 12.36 on 40% of bill value or 4.944% 4.944                     4.94 
 
VAT @ 14.5% ( in case of A.P ) 14.50%                   15.22 
Total                 120.16 
 
 
 
 
The above calculations is based on   Notification No. 24/2012-ST Service Tax ( Determination of  Value ) rules were amended which are called as Service Tax  ( Determination of Value ) Second Amendment Rules, 2012 which were effective from 1st July,2012.
 
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. Descripttion 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
 
Explanation 1.- For the purposes of this rule, “total amount” means the sum total of the gross amount charged and the fair market value of all goods and services supplied in or in relation to the supply of food or any other article of human consumption or any drink(whether or not intoxicating), whether or not supplied under the same contract or any other contract, after deducting-
(i) the amount charged for such goods or services, if any; and 
(ii) the value added tax or sales tax, if any, levied thereon:
 
Provided that the fair market value of goods and services so supplied may be determined in accordance with the generally accepted accounting principles. 
 
Explanation 2.- For the removal of doubts, it is clarified that the provider of taxable service shall not take CENVAT credit of duties or cess paid on any goods classifiable under Chapters 1 to 22 of the Central Excise Tariff Act, 1985 (5 of 1986).”.
 
 

Hello Sir's,

Need your advice whether the below calculation of Tax on the food bill is proper or not,

 

Amount       1,285
Vat @ 14.5%         186
Service charge @ 4.94% on Amount           63
Service tax @ 4.94% on (Amount+service charge)           67
Total Amount       1,601

Thanks.

Any responses to the query by harikesh in light of notification 24/2012 please.

Pls refer to the following link.

https://www.taxindiaonline.com/RC2/inside2.php3?filename=bnews_detail.php3&newsid=16247

 

Hello

Heed one clarification. The ST should be charged on the usage amount or bill value (after discount)

 

for eg?

 

my telecom usage in 1000, discount is 200. so the ST should be charged for 1000 or the bill amount i.e 800?

 

Can you please clarify on this? Thanks in advance -

Regards

Prabu (asmi.pra @ gmail.com)


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