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Service tax on penalty

Queries 622 views 1 replies

CA SAHIL MITTAL

JOB

240 Points Joined March 2009

Dear All

Whether penalty charged by service provider from service receiver will attract service tax levy? Like in our case we are providing airport service and charging penalty from service reciever, if their aeroplane stays in our airstrip for more than 3 months. So are we liable to charge service tax on that amount.

Thank in advance.

Replies (1)

Ajit kumar Dubey

Taxation Manager

637 Points Joined September 2008

There is no service called airport service as per my knowledge neither in the erstwhile section 65 nor in the new regime of service tax effective from 01-07-2012. If you are charging penalty in relation to a service which is a taxable service then you need to include the value of the said penalty or demurage in the gross value of the service charged to your customer. Only then Service tax is payable on the entire value of the service including "penalty" as you said.