26 May 2016
We are running a chain of restaurants and all our restaurants are on rental basis. In a single premises we are having both air-conditioned and non-air-conditioned restaurant with clear demarcation. My question is our internal auditors are objecting that for air conditioned restaurant you are collecting service tax on abatement and for rent also to that proportion only you have to take input. Since Non air conditioned restaurants you are not collecting any service tax you are not eligible for input. My contention is, since both AC and NON AC restaurants will come under one company, I cannot segregate and also for the services the entire service tax paid is taken as input and the same rule is applicable for rent also. Kindly enlighten me.