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Issue ID: 112977
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Rate of Tax for Hiring of machinery

Date 28 Oct 2017
Replies3 Replies
Views 22698 Views
Hiring of machinery classified as a service; leasing and renting treated equivalently under GST law.
Hiring of machinery and equipment is classified as a service under Service Accounting Code 9973; the issue is whether it attracts the generic Other Services rate or should be treated as lease/rental. An advisory response states there is no distinction between leasing and renting under Service Tax law or GST law. (AI Summary)

What will be the Rate of Tax under GST for Hiring of Machinery & Equipment without transfer of active possession (not lease) ? Renting of machinery where ever the active possession passed on from the person hiring to the person using the machinery on hire will be a LEASE transaction. So, in this case, it is not a lease.

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Replied on Oct 28, 2017
1.

Sir,

Hiring of Machinery & Equipment is a service falling under Service Accounting Code 9973.

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Replied on Oct 29, 2017
2.

Thank you very much Mr. Rajagopalan Sir. The real issue is whether the hiring above referred is to be taxed under Other Services Head @ 18% or to be taken as Lease or Rental taxable at rate applicable for that kind of machinery treating it as "Lease"? I am expecting a discussion in this regard.

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Replied on Oct 29, 2017
3.

No difference between leasing or renting in the eyes of Service Tax Law or GST Law.

Old Query - New Comments are closed.

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