Service tax on take away orders

Is Service tax chargeable on take away orders?

 


Attached File : 1371748 20150912210016 img 20150912 093310.jpg downloaded: 156 times
Replies (6)
No. Service tax is applicable for dine in sales only.

what to do if charged on my take away bill.

Dominoz has a fixed set of tax chart, and its mostly based on "home delivery" they cant make change for each customer a seperate set of tax chart, however u might have got a considerable replenishment in form of discounts or suppliments, in your bill it clearly displays that they have given you 100% discount on 1st item, on which you have neither paid vat nor any service tax, 

Dear Rohit,

Once Service tax is charged, it is your liability to pay Service tax, irrespective of its taxability.

There is no service tax applicable in case of take away/ free home delivery as there is no element of service. There is only VAT applicable.
 
 
However many restaurants levy service tax on take aways as a conservative approach. Kindly refer circular dated 13.08.2015 from deputy commissioners office, Chandigarh
 
 
Even i am being charged for service tax on take away

Once again I need your attention, as the burden goes to the vendor to establish that they have NOT served "in house" which is tough on their part, as to maintain it they have to maintain separate billing module for each catagory,

.

Here you got two pizza of 405 each, whatsoever is your discout is appiicable on the main price only, not on taxes, in case of discount coupans applied also, they have to charge VAT on 405+405=810, where as they have charged ST and VAT on one pizza only, so in gross the customer is in win win situation, and they have not to change their billing module also. 

.

PS: I have discussed the issue with my local dominoz also, and found that take away and home delivery is catagorized in same module by them, but in home delivery they charge on gross, and allow the discount on basic only, means customer has saved 28/- more over the deal , (50.63 - 22.68) 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 28 October 2026
Article assistants

Shyam S Gupta and Company

New Delhi

CA Inter

View Details
Company
12 October 2026
Finance

I-Genext Consulting Private Limited

New Delhi

CA

View Details
Company
ARTICLESHIP 07 October 2026
Article Assistant

Malhotra Rajesh & Associates

New Delhi

B.Com

View Details
Company
ARTICLESHIP 20 October 2026
CA ARTICLE

AMKN & CO

Noida

CA Inter

View Details
Company
13 October 2026
Accountant

Zerdi & Co. Chartered Accountants

Pune

B.Com

View Details
Company
ARTICLESHIP 29 October 2026
Article Assistant (CA Inter / CMA Inter) - Thrissur

Varma Raja & Associates

Thrissur

CA Inter

View Details
Company
ARTICLESHIP 25 October 2026
Article Intern (CA Articleship)

Arpan Bohra & Co

Hyderabad

CA Inter

View Details
Company
ARTICLESHIP 22 October 2026
Articleship intern

Srinath Manikanta

Hyderabad

CA Inter

View Details