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).”.