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Issue ID: 3410
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Catagory of Service -Reg.

Date 19 Sep 2011
Replies 4 Replies
Views 1233 Views
Asked by
Supply of Tangible Goods classification matters when hiring barges; contractual control and payment for manpower determine tax treatment.
Where a supplier hires out owned barges without transferring the right of possession and effective control, the activity aligns with Supply of Tangible Goods; if the customer pays for and directs third party personnel such that operational control effectively passes to the customer, the supply may not fit that category and contract terms on payment and control should be clarified to determine correct service classification. (AI Summary)

We are service provider and giving our owned Barges on hire. We are registered with Service Tax authority under service category “Supply of Tangible goods” and paying appropriate Service Tax. Though the barges are owned by us, the manpower require to run these Barges are provided by the third party.

Kindly let us know whether we are correctly paying the Service Tax  amount under service category “ Supply of Tangible goods”  or we have to pay service Tax amount under service category “Ship Management Service”.

Regards,

VINAY

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