Dear Sir / Madam,
We have canteen with subsidies food in our company. It is owned by third-party. They raise monthly bill on company. One is for subsidies food and another is for coupons issued to employees.
He raise bill for subsidies foods with abetment of 50% as per sub clause zzt of Section 65. Company pays bill with Service Tax and avail credit. In the second case, he raise the bill for coupons issued to employees including Service Tax. Company pays him with ST and do not avail credit.
Since it is pure reimbursement of bill to contractor and company is recovering the coupon charges from its employees's salary.
How can he raise the service Tax?
Posts / Replies
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Since your case does not fall under the category of 'Pure Agent, therefore, you are being charged for Coupan issued by Contractor. Kindly aslo refer Sodexo case in this regard where Hon'ble Tribunal has held that it is taxable service.
Dear Mr. Prakash Patil
The reply given earlier by Mr. Khatri is correct. Further we like to add that w.e.f. 01/04/2011 there are changes in cenvat credit rules , if the services avail which are wholly consumed
by the employees like staff bus,canteen etc , eligibility of cenvat credit to be checked once again , I as per my view w.e.f. 01/04/2011 , you are not eligible to take cenvat credit on outdoor caterer services in this factory canteen case.
A M HEMBEKAR