Service
345 Points
Posted on 19 March 2009
| Originally posted by :CA CS* Prakash Somani (A helping Hand) |
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They can not charge VAT as it is not a sell. But they can charge you service tax and if rent amunt exceeds RS 120000 p.a. then you need to deduct TDS on payment. |
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But, the vendor charged sales tax 12.5% by raising Retail Invoice and in support of their claim, they have also given us copy of 2 order which has passed by commissioner, VAT Delhi. As per the orders, the commsioner remarked as "So far as 'sale' or 'supply' of Diesel Generating sets on hiring basis to outstation parties by the dealer is conerned the same would attract provisons of the central act and as and when such sale or supply on hiring basis or otherwise is made against 'C' form by the dealer it would attract tax at the rate of 4% otherwise in the absence thereof the tax rate would be 12.50%." Pls. clarify.