Meaning of Consideration for service tax

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..... Meaning of Consideration for service tax
Query (Issue) Started By: - paresh ayadi Dated:- 3-6-2016 Last Reply Date:- 8-6-2016 Service Tax
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Service Tax
dear experts, We have hie bus for transportation of our employees as per terms of contract we are reimbursing passenger tax to service provider apart from rent i want know whether service tax is payable on passenger tax .....

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..... also (under RCM) ? i have read definition of consideration as per explanation (a) to section 67 and relevant judgment but could not arrived at conclusion as sometimes reimbursement is included and sometimes not.. Reply By KASTURI SETHI: The Reply: Sh.Paresh Ayadi Ji, All kinds of reimbursable expenditure do not form part of consideration for determination of taxable value for the purpose of p .....

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..... ayment of Service Tax. Taxes are to be deposited with the concerned Govt. whether State or Central Govt. The assessees do not retain taxes with themselves. Hence such reimbursed amount is not taxable. Reply By Rajagopalan Ranganathan: The Reply: Sir, It is clarified by CBEC in its circular No. 139/8/2011-TRU dated 10.5.2011 that for the purpose of service tax the luxury tax imposed by States ha .....

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..... s to be excluded from the taxable value (vide Sl. No. 4 under the heading Short Term Accommodation Service). Similarly vide Sl. No. 4 under the heading Services Provided by Restaurants, it is clarified that for the purpose of service tax, value added tax imposed by States has to be excluded from the taxable value. On the same analogy you need not include passenger tax in value of service to calcul .....

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..... ate the service tax payable by you. Reply By KASTURI SETHI: The Reply: Sh.Paresh Ayadi Ji, Though Board's circular dated 10.5.2011 mentioned by Sh.Ranganathan, Sir, pertains to the period prior to the amendment of term, 'Consideration' under Explanation (a) to Section 67 of the Finance Act, 1994 (amended w.e.f. 14.5.2015), yet this circular has its significance as it makes the conce .....

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..... pt of inclusion or exclusion of taxes from the taxable value very much clear. This circular is still in force. In this way, I endorse the views of Sh.Ranganathan, Sir Reply By Ganeshan Kalyani: The Reply: Sir, reimbursement of tax is not subject to tax again. Thanks. Reply By paresh ayadi: The Reply: Thanks a lot experts...
Discussion Forum - Knowledge Sharing .....

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