Just a moment...

Report
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
+ Post a Query
Post a New Query
Title :
0/200 char
Description :
Max 0 char
Category :
Delete Reply

Are you sure you want to delete your reply beginning with '' ?

Delete Issue

Are you sure you want to delete your Issue titled: '' ?

Discussion Forum

Back

All Issues

Advanced Search
Reset Filters
Search By:
Search by Text :
Press 'Enter' to add multiple search terms
Select Date:
FromTo
Category :
OR
Search by Issue ID:
NOTE: If you have inputs in both the fields, then results will be shown for issueId first.
Issue ID : 107861
- 0 -

COMPOSITE SCHEME

Date 17 Jan 2015
Replies1 Answers
Views 1615 Views

We are manufacturing unit registered under Excise and Service tax Act.

We had utilised restaurant services (Registered category is Restaurant Service and Other than in the negative list under composite scheme) towards Get-together for company staff. All expenses incurred are debited to our company account.Since the restaurant is registered under service tax, we decided to take service tax credit. After we received the invoice from the restaurant, we have noticed that they have issued a consolidated invoice with service tax, since they were registered under composite scheme and can not show service tax separately.

In view of the above please clarify following points.

1. what is the procedure of tax payment to service tax department by restaurant under composite scheme since they are recovering full rate of service tax @12.36% from us.i.e. whether they will be paying full amount to the department or not ?

2. Is there any way we can avail service tax credit under the above condition ?.

pl. advice.

1 answers
Sort by

Old Query - New Comments are closed.

Hide
- 0
Replied on Jan 18, 2015
1.

Sir,

As per rule 2 (l) of CENVAT Credit Rules, 2004 services provided in relation to outdoor catering, beauty treatment, health services, cosmetic and plastic surgery, membership of a club, health and fitness centre, life insurance, health insurance and travel benefits extended to employees on vacation such as Leave or Home Travel Concession, when such services are used primarily for personal use or consumption of any employee are nit input services and service tax paid on such services cannot be availed as credit. This definition was inserted with effect from 01.04.2011 vide Notification No.3/2011-CE (NT) dated 01.03.2011.

Old Query - New Comments are closed.

Hide
Recent Issues