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SERVICE TAX LIABILITY ON PASSANGER BUS

Mehul Pandya

DEAR SIR,

IN CASE OF PASSENGER BUS TRAVELING BETWEEN TWO DESTINATION ON FIX ROUTE ON DAILY BASIS. THEY HAVE BOTH AIR CONDITIONED BUSES AND NON- AIR CONDITIONED BUSES. SO AS PER NEW BUDGET NOTI. NO.06/2014 DATED 11.07.14 SERVICE TAX WILL BE APPLICABLE ON THE SAME OR NOT..

PL. GUIDE

THANKS

Service Tax Applicable to Air-Conditioned Passenger Buses, Non-Air-Conditioned Buses Exempt per Notification No. 06/2014. A query was raised regarding the applicability of service tax on passenger buses traveling between two destinations on a fixed route daily, specifically distinguishing between air-conditioned and non-air-conditioned buses. According to the new budget notification No. 06/2014 dated 11.07.14, service tax is applicable to air-conditioned contract carriages transporting passengers. Conversely, non-air-conditioned contract carriages are exempt from service tax. The amended provision clarifies that non-air-conditioned buses, excluding certain services like tourism and charter, do not attract service tax. (AI Summary)
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Mahir S on Jul 11, 2014

As per the New Budget :-

(i) Service tax to be applicable on Air Conditioned Contract Carriage for transport of passengers,

(ii) Service tax not applicable on Non-Air Conditioned Contract Carriage for transport of passengers .

Mahir S on Jul 11, 2014

Hence in your case, in simple terms, Air Conditioned buses carrying passengers between 2 destinations on fix route on daily basis shall be taxable.

However, such Non-Airconditioned buses shall be exempt from service tax.

YAGAY andSUN on Jul 12, 2014

Dear Mehul,

The amended provision reads as

(vii) in entry 23, for item (b), the following item shall be substituted, namely:-

"(b) non-air-conditioned contract carriage other than radio taxi, for transportation of passengers, excluding tourism, conducted tour, charter or hire; or";

It means the services provided vide non air conditioned buses would not fall under the purview of service tax.

Regards

Team YAGAY and SUN

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