Whether Service Tax Applicable on Rented Machinery imported

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Our one of my frd's Company who is a mfg and marketing of Pharma comp. who have imported machinery on Rental Basis from USA.  These machinery equipment which is used for LAB Equipment for treatment of Diabetes patients.

My query is whether these machinery imported on Rental basis is applicable for Service TAx or Not.  The same machines which were imported from USA paid regularly rental charges to the party thro wire transfer and also paying TDS on these rental charges to Concerned Dept.

Plz clarify me whether Service Tax Applicable or Not?

IF applicable plz Quote me the Notification and Act No.

 

With Regards

B.sreenivasa Rao

 

 

 

Replies (5)

Supply of tangible goods without transfer of right of effective control and possesion is liable to service tax . Under import of service rules , this service falls under recipient based category. Hence liability may arise under reverse taxing.

Thanx for giving the information.  Can u quote me the Notification and Section which is applicable.  What is the meaning of Reverse Taxing.

 

With Regards

B.sreenivasa Rao

Rental where the owner does not part with the possession and control on the equipment is liable for service tax.

In this case the control and possession appears to have been passed. This wouldbe deemed sale - right to use goods which is a subject matter of VAT/ In this case since the owner is not subjected to any state laws he would not be liable as per my undertsanding.

Anyway there is no service tax unless the owners send his people who would run the machines. 

dear sir i am employee of the shiva earth movers ,so our equipment are deployed on monthly basis so serviceatx is applicable on hiring equipment

Sir,

Whether service tax is applicable for the lease rent on imported machinery which is exclusively used for the manufacture/production of 100% export products?

 


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