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service tax on operating lease of auto rickshaws

satbir singhwahi

NBFC WANTS TO LEASE OUT AUTO RICKSHAWS AS OPERATING LEASE. WHETHER THERE IS SERVICE TAX ON INTEREST PAYMENTS.  BUT ON HYPOTHECATION OF ASSETS , INTEREST INCOME , NO SERVICE TAX IS PAID BY BANKS. PLEASE CLARIFY. 

Debate on Service Tax Applicability to Interest Income from NBFCs' Auto Rickshaw Operating Leases, Citing Notification A discussion on a forum revolves around whether service tax applies to the interest income from the operating lease of auto rickshaws by a Non-Banking Financial Company (NBFC). One participant clarifies that interest payments are generally outside the scope of service tax, questioning the relevance of comparing NBFCs with banks. Another participant references a notification stating that service tax is applicable on a portion of interest and associated fees in hire purchase and leasing scenarios. However, it is concluded by another participant that service tax is not applicable to operating leases. (AI Summary)
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ALOK GUPTA on Jun 3, 2012

Your question is not supported by full facts & figures. Interest payment is out of ambit of service tax. How does hypothecation of assests & interest income come into picture. What is the nexus between NBFC & banks? Whether you compare the service rendered by an NBFC & a Bank? Which amount, to come under tax purview, is being sought for?

[Views expressed are individual in nature]

satbir singhwahi on Jun 4, 2012

NBFC WANTS TO LEASE OUT AUTO RICKSHAWS AS OPERATING LEASE. WHETHER THERE IS SERVICE TAX ON INTEREST INCOME EARNED ON OPERATING LEASE OF AUTORICKSHAWS.

Vijay Chitte on Jun 4, 2012

As per Notification 04/2006-ST, w.e.f. 01.03.2006 service tax will be payable only on 10% of Interest plus management fees / Documentation charges/ processing fees in case of hire purchase and leasing.

Guest on Sep 8, 2012

Service Tax is not leviable in case of OPERATING lease.

 

 

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