Repairs and Maintenance activity - Calculation of both VAT and Service Tax is applicable
Balagurunathan Krishnamurthy
If both VAT and Service Tax is applicable on a certain item , say , Repairs and Mainteance activity ( which attract obviously service tax as well as VAT ( erstwhile works contract tax ) , there are views of experts to the effect that , since tax on tax is not allowed , both service tax and VAT would be calculated only on the base value and nothing else , especially for calculation of service tax , VAT would not be considered. would request the reactions from the others on the same , including any CBEC circular back up for the same.
Tax-on-tax dispute: whether VAT and service tax share a single base or service tax must be applied first. Repairs and maintenance services present a dispute whether VAT and Service Tax should both be calculated on the same base value to avoid tax-on-tax, or applied sequentially; forum contributors note no authoritative clarification and one opinion recommends applying Service Tax first on the value of services before levying VAT. (AI Summary)
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