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Service tax and VAT at same Invoice

Service Tax - Started By: - Naveen Sharma - Dated:- 16-2-2017 Last Replied Date:- 17-2-2017 - Dear all,i have received a bill of car rent from Telangana, they have charged service tax along with VAT.is this invoice is correct, as service tax and vat cant be charged in same invoice.please help me with this issue.Thanks - Reply By YAGAY AND SUN - The Reply = By applying the principal of effective control and possession only on Tax can be levied. - Reply By Naveen Sharma - The Reply = Dear sir,than .....

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sprudence of applicable Tax - Reply By Naveen Sharma - The Reply = Dear sir,Service provider is the owner of car and he is also providing driver, i am just taking service of cab from one pplace to another, now service tax is applicable and valid, but is VAT also will be charged in the same invoice. - Reply By YAGAY AND SUN - The Reply = Do not pay him VAT. - Reply By Ganeshan Kalyani - The Reply = Either VAT or Service tax can be levied but not both. - Reply By KASTURI SETHI - The Reply = Sh.Nav .....

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and control of the goods to the user of the goods. 4.4.2 Excavators, wheel loaders, dump trucks, crawler carriers, compaction equipment, cranes, etc., offshore construction vessels & barges, geo-technical vessels, tug and barge flotillas, rigs and high value machineries are supplied for use, with no legal right of possession and effective control. Transaction of allowing another person to use the goods, without giving legal right of possession and effective control, not being treated as .....

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to be decided based on the terms of the contract and other material facts. This could be ascertainable from the fact whether or not VAT is payable or paid. It was further held that the taxable event in case of Supply of Tangible Goods Services , is the supply of goods and not their use. Affirmed by Hon'ble Supreme Court [Commissioner v. Petronet LNG Ltd. - 2017 (47) S.T.R. J40 (S.C.) = 2016 (5) TMI 1323 - SUPREME COURT ] CESTAT's ORDER reported as 2016 (46) S.T.R. 513 (Tri. - Del.) = 20 .....

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