TMI BlogRental on machinery as per TNVAT ActX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear Expert, We are giving our machines on rental basis to local and outstation customers and we are charging service tax on it. As per our assessing officer ,he was insisting us to charge VAT or CST on that rental income. Please let me know, how far it is correct to collect sales tax from our customer. Some of our customers are not agreeing with us on this matter.Please help us with releva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt sec as per TNVAT and if any landmark judgments, whether to charge sales tax or not on rental income. Regards, Rambabu.D - Reply By Muthuraman Alagappan - The Reply = Dear Sir, VAT/CST should be charged only when there is a sale transaction. In other words, Unless you transfer the possession of the machinery used, VAT/CST cannot be charged. In case the machineries are supplied for use with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no legal right of possession and effective control it is treated as a Service and not being treated as sale of goods. Read more at: http://www.caclubindia.com/forum/machine-given-on-hire-service-tax-or-vat-applicable-46362.asp . You are only renting the machinery, which is not a sale, so VAT/CST will not be applicable. Please refer to Definition of Taxable Service given u/s 65(105)(zzzzj) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Finance Act, 1994 as amended. It is as follows: Taxable Service means any service provided or to be provided to any person, by any other person in relation to supply of tangible goods including machinery, equipment and appliances for use, without transferring right of possession and effective control of such machinery, equipment and appliances. If conditions as included in above definition (in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bold) are satisfied, Service Tax would be levied. Read more at: http://www.caclubindia.com/forum/machine-given-on-hire-service-tax-or-vat-applicable-46362.asp Please refer to Definition of Taxable Service given u/s 65(105)(zzzzj) of Finance Act, 1994 as amended. It is as follows: Taxable Service means any service provided or to be provided to any person, by any other person in relation to su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pply of tangible goods including machinery, equipment and appliances for use, without transferring right of possession and effective control of such machinery, equipment and appliances. If conditions as included in above definition (in bold) are satisfied, Service Tax would be levied. Read more at: http://www.caclubindia.com/forum/machine-given-on-hire-service-tax-or-vat-applicable-46362.asp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Please refer to Definition of Taxable Service given u/s 65(105)(zzzzj) of Finance Act, 1994 as amended. It is as follows: Taxable Service means any service provided or to be provided to any person, by any other person in relation to supply of tangible goods including machinery, equipment and appliances for use, without transferring right of possession and effective control of such machinery, equ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ipment and appliances. If conditions as included in above definition (in bold) are satisfied, Service Tax would be levied. Read more at: http://www.caclubindia.com/forum/machine-given-on-hire-service-tax-or-vat-applicable-46362.asp Please refer to Definition of Taxable Service given u/s 65(105)(zzzzj) of Finance Act, 1994 as amended. It is as follows: Taxable Service means any service provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded or to be provided to any person, by any other person in relation to supply of tangible goods including machinery, equipment and appliances for use, without transferring right of possession and effective control of such machinery, equipment and appliances. If conditions as included in above definition (in bold) are satisfied, Service Tax would be levied. Read more at: http://www.caclubindia. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... com/forum/machine-given-on-hire-service-tax-or-vat-applicable-46362.asp Please refer to Definition of Taxable Service given u/s 65(105)(zzzzj) of Finance Act, 1994 as amended. It is as follows: Taxable Service means any service provided or to be provided to any person, by any other person in relation to supply of tangible goods including machinery, equipment and appliances for use, without tra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsferring right of possession and effective control of such machinery, equipment and appliances. If conditions as included in above definition (in bold) are satisfied, Service Tax would be levied. Read more at: http://www.caclubindia.com/forum/machine-given-on-hire-service-tax-or-vat-applicable-46362.asp Regards Muthuraman AL - Reply By Rambabu Dompaka - The Reply = Dear Sir, Thanks for y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... our reply. Can you refer any sec regarding this.It will be more helpful sir. Regards, Rambabu.D - Reply By KASTURI SETHI - The Reply = Whether VAT is to be paid or not depends upon the terms and conditions of the agreement/contract, if any ? Who has effective control and possession of the machines ? It is very crucial to determine. - Reply By Rambabu Dompaka - The Reply = Dear Sir, Thanks ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for your reply. Regards, Rambabu.D - Reply By Ganeshan Kalyani - The Reply = Sir, with due respect to other experts I agree with Sri Kasturi Sir in toto. The applicability of VAT or Service tax on such transaction depends on terms and agreement. As per TNVAT Act, the transfer of right to use the goods is termed as Deemed Sales . So if you have given machines to customer and also transferred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the right to use it then VAT is applicable. If you have just rented it and maintenance of that machine is taken care by you and control over that machine is with you only then it is renting service where service tax is applicable. Now you have decide what is the terms and agreement and construe accordingly. Thanks. - Reply By Rambabu Dompaka - The Reply = Thanks alot sir. Regards, Rambabu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .D - Rental on machinery as per TNVAT Act - Query Started By: - Rambabu Dompaka Dated:- 16-6-2016 Value Added Tax - VAT-CST - Got 6 Replies - VAT and Sales Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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