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Category - Parking fees - Liability of Contractor or municipal body

sunil mehta
Dear Sir, Municipal authorities gives contract under 'pay & park' scheme at different locations of city to different contractors.The contractor collects parking fees from public(as per rates decided by municipal auth.)The contractor pays Rs.30 lacs to mun.auth. as licence fees(non refundable)for allowing contractor to collect parking fees for a specified period. Query:1)Under what category does the above service fall? 2)If it is liable to s.tax ,then whether mun.body & contractor both are liable or only contractor? Note:The amount of parking fees collected by contractor is his sole income and he has not to share with mun.body.only licence fees has to be paid by him. Thanking you, sunil mehta
Debate on Service Tax Liability for Parking Fees in Municipal 'Pay & Park' Scheme: Are They Taxable Under Section 65? A discussion on a forum addresses the liability for service tax on parking fees collected by contractors under a municipal 'pay & park' scheme. A contractor pays a non-refundable license fee to the municipal body to collect parking fees, which is their sole income. One respondent suggests that the service falls under the 'Management, Maintenance or Repair' category, making it taxable, while fees paid to the municipal authority are not taxable. Another respondent believes neither the municipal fees nor parking charges are currently taxable and advises confirming with the tax department. (AI Summary)
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Surender Gupta on Jul 16, 2006
Service provided by a contractor in relation to parking lots is liable to service tax under "Management, Maintenance or Repair" category. Fees payable to Municipal authorities is not taxable.
Madhukar N Hiregange on Jul 18, 2006
The fees by municipal corproation in my view does not seem to be covered under service tax provisions as on date. Even the parking charges may not be covered as I see. It maybe advisable to write to the department and nesure that the same is sent under registered post acknowledgement due.
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