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VAT , Service Tax , SB Cess on Packing charges ?, VAT + CST

Issue Id: - 109496
Dated: 7-12-2015
By:- sanjeev talwar

VAT , Service Tax , SB Cess on Packing charges ?


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Food was ordered for home delivery from KFC , Dwarka , New Delhi . Packing charges were incl in the bill which was also taxed for VAT, Service tax & SB cess . Is it correct & justified as per govt tax rules ? Pls confirm .l

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Page: 1


1 Dated: 7-12-2015
By:- CS SANJAY MALHOTRA

Dear Mr. Sanjeev,

Packing cost is a part of the product cost which is chargeable to VAT, Excise, Service Tax & SB CESS. Vendor claims VAT credit on Inputs i.e. packing material which he has to offset against final tax liability of Finished product.

Levy of Service Tax on delivery of food itself is an contentious issues as of now as the sale of food is not chargeable to Service Tax and the issue is pending at various appellate authorities for final decision. As the same is not specified under Negative or Exemption List of Service Tax, i.e. why the Seller charges service tax to protect himself for any revenue loss.


2 Dated: 7-12-2015
By:- sanjeev talwar

thnx for the input .


Page: 1

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