Equipment Hire/Rental Charges

[jagadesh kumar bhojanapalli Kumar]

Our company (HO & EOU both) has been registered under Service Tax Rules for GTA  only.  (one is 100% EOU in Ongole &  Hyderabad Head Office in Hyderabad) in different commissionerates.

We have billed a invoice on 31.03.2011 date for rental charges of vehicles/equipments (no excise benefit is availed - from non eou ) for period April to March 2011 where we are charged service tax @ 10.3% .  Payments were recd during this wk i.e., July, 2011.  We have not shown in service tax returns. 

Service engaged unit is also is our associated 100% EOU.

Please clarify :

Service Tax registration to be amended for Business Auxilary  Service/Mining Service

Service Tax to be paid in Ongole or in Hyderabad.

Interest is applicable or not if yes what is the %

Thanks

B.Jagadesh Kumar

[Atit Shah]

Dear,

You need to add one more service of  'Supply of Tangible Goods' by amending your Registration Certificate to the earliest (to avoid the penalty of late amendment of 30days),

If you have obtained centralised registration than at main place of business however if you have availed seperate registration for all the units seperately than ST it required to be paid from where the inovice is issued.

You need to deposit the same to the credit of the central government along with the rate of interest @15% if your turnover is below 60Lacs, else @18% p.a.

Regards,

Atit Shah & Associates

Chartered Accountants

(CA. Atit D. Shah)

 

[BHARAT PUROHIT]

DEAR

1) GTA REGN IS ONLY FOR SERVICES AVAILED.

2)U NEED SEPARATE REGN AS SERVICE PROVIDER AND THEN CAN BILL FOR RENT. U HV TO FILE RTN FOR NEW REGN AND PAY THE TAX WHICH U HV COLLECTED.I PROPOSE THAT U DONOT RECEIVE MONEY. FIRST TAKE REGN. THEN TAKE PAYMENT, PAY THE TAX WITH INT.( 13% PRIOR TO 01/03/2011 AND 18% THEREAFTER)

 B.B.PUROHIT

AI Summary

Service registration amendment for equipment hire clarifies tax liability, place of payment, and retrospective return obligations. Equipment rental invoices for vehicles and equipment are taxable and require amendment of service registration to include the supply/hire of tangible goods; the taxpayer must file returns and remit tax collected. If centralised registration exists, tax is paid at the main business location; with separate unit registrations, tax is paid where the invoice was issued. Interest must be paid when regularising unpaid tax in accordance with the applicable interest rates for the period of default.