St on reimbursements

We are paying the Electricity city on charges on behalf of our clients and raising the bill by adding 10% as service charges.

Do we have to pay st on full amount or only on service charges portion pls clarify and quote relevent notification circulars

Replies (2)

Hi

If it is being reimbursed on actual basis, then, no need to pay the service tax.  This aspect has been clarified in a  recent judgment.

Intercontinental Consultants and Technocrats Pvt. Ltd. v. Union of India (2012) 12 TMI 150 (Delhi)
 
Rule 5 of the Service Tax(Determination of Value) Rules,2006 has been declared unconstitutional by the Delhi High Court,so as on today there is no Service Tax on reimbursements.
 
To avoid confusion better to issue debit note for Elect. Exp Amt & Invoice + Service Tax for your service charges.
 
Thanks//VaibhavJ
 

In my opinion we cannot use intercontinental case here,,because he is not pure agent

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as said by vaibhav best process is 

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pass a debit note for electricity charges 

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