Pradeep Jain - Chartered Accountant

One of the NGO providing its premises for functions , marriage or for holding any events etc on rent basis . Its liability of service tax arises on rent since this is falling taxable service in the nature of renting premises other than leasing . Apart from rent for the premises it also charges for uses of electricity on actual consumption basis . Units are charged on actual usage as per the meter and rates as charged by electricity board rounded of to the nearest rupee . Service tax department is insisting that electricity recovery should also be subject to the service tax .Kindly advise whether electricity recovery on actual usage basis will also be subject to the service tax .In my view Electricity being goods and billed on actual usage basis should not be subject to service tax .thanks s S Gaur

Looking on the facts Main service provided by us is provision of premises on rent and not provision of electricity therefore provision of electricity is reimbursement of expensese and not provision of service or cost incurred for provision of such services. In support of this the benefits of latest decision of INTERCONTINENTAL CONSULTANTS & TECHNOCRATS PVT. LTD. Versus UNION OF INDIA(2013 (29) S.T.R. 9 (Del.)) in which rule 5 of Service Tax (Determination of Value) Rules, 2006 has been quashed can be requested. This decision clearly states that for charging service tax provision of service has to be seen and not the costs taken by service provider from service receiver. However, the CBEC has clarified in its education guide on service tax that the distribution of electricity is exempt for electricity companies only. Even builders distributing electricity will be liable for service tax. But many of learned authors are of the view that the electricity is "goods" and not liable to service tax. One more point in your defence can be that we are not "distributing" electricity.

Sir, we are a taxpayer dealing in health care services. We have been making supply on which tax was payable by us but we have not paid the same erroneously. The same has been pointed out by department recently. Please suggest whether we have to pay interest and penalty along with tax.

As per sub-section (5) and (6) of Section 73 of CGST Act, if you have made payment of tax and informed the same to the department then the department ...
Sir We are dealing in trucks. We have received an export order from foreign buyer. We wish to procure trucks from 5 different manufacturers and supply them directly to the port without receiving on our own premises. Can we do the same to take benefit of merchant export by paying tax @ 0.1%.

. Yes, as per Notification 41/2017-intergrated tax (Rate) dated October 23, 2017, benefit of notification is available only when the material moves fr ...
The agriculture produce like soyabean are taxable however, their warehousing is exempt and not chargeable to tax. How?

Under GST regime, agriculture produce means “any produce out of cultivation of plants and rearing of all life forms of animals except rearing of hor ...
Hello sir we have made export of goods however the funds have not been realized. Is there any implication in GST regarding the same?

As per rule 96B introduced with effect from 23-3-2020 provides that where any refund of IGST paid on export of goods has been received by the exporter ...
What Is the GST rate for interest and penal charges levied by Chit Fund Company in case GST on foremen commission charged is @12%?

GST rate on foremen commission is charged at the rate of 12%. Similarly, GST rate on interest and penal charges shall be @12% only. The same view was ...
Tax payer being a company, is in one state (state -1). However vehicle carrying his goods is caught in another state (state-2) where the company is not having any registration. Company paid penalty under temporary registration ID created by the officer of state-2. Now, company wants to file an appeal but don’t have any temporary registration login credentials. How to file appeal in such a case?

. In the given query, after the interception a temporary ID was created by officer of state-2. However, the login ID and password of temporary registr ...
Whether GST exemption is availed on export of service when invoice is issued in USD and GST is not charged and currency is received in INR?

Export of service is defined under section 2(6) of the IGST Act. It means supply of service when: ? The supplier of service is located in India. ...
E-way bill was generated and then after order was cancelled but E-way bill was not cancelled by both the parties on the portal. What should be done in this case and what are the consequences?

As per provisions of GST, where an e-way bill has been generated but goods are either not transported or are not transported as per the details f ...
The Taxpayer made exempted supplies but forgot to choose the same in GSTN while registering, can he be said to fail his right of exemption?

We do not claim exemption while filing registration application. It is being claimed in GSTR-3B returns. Moreover, only five major products are to ...
If a taxpayer made mistake declaring the HSN/SAC of goods and services supplied, what are the consequences?

Under GST law, one of the most important elements is the classification of goods/services for the purpose of determination of rate of tax to be l ...

Comments

Query