TaxTMI 
TaxTMI 
Service Tax and VAT
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....ervice Tax and VAT<br> Query (Issue) Started By: - kamal mall Dated:- 26-4-2016 Last Reply Date:- 27-4-2016 Service Tax<br>Got 4 Replies<br>Service Tax<br>Dear Sir, We are in Machinery hire charges business. We gives our trucks on monthly hire basis. We have heard that Both Service Tax and VAT would be charged on this amount. Please confirm and if yes then whether VAT and ST will be charged on on....
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.... 100% of amont Reply By Ganeshan Kalyani: The Reply: In my view this is deemed sale and therefore Vat is applicable. Thanks. Reply By KASTURI SETHI: The Reply: Sir, It depends upon the terms and conditions of the agreement.Especially, emphasis is to be laid on the terms, "Possession and Effective Control" used in the erstwhile definition of "Right To Use Of Tangible Goods&quo....
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....t;. Who has possession and effective control ? It would be determined on the basis of nature of the agreement. I also agree with Sh.Ganeshan Kalyani, Sir. It is deemed sale in terms of VAT Rules and regarding the applicability of ST it is necessary to go through the terms conditions of the agreement. Reply By Ganeshan Kalyani: The Reply: Yes I fully agree with Sri Kasturi Sir. Crucial points he ....
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....has highlighted in his reply. Thanks. Further if Vat is paid then no service tax and if service tax is paid then Vat is not applicable. Thanks. Reply By MARIAPPAN GOVINDARAJAN: The Reply: As rightly said by Shri Kasthuri Sethi Sir it amounts to service tax liability.<br> Discussion Forum - Knowledge Sharing ....