Whether VAT or Service Tax is payable on food bill submitted by a caterer providing catering services in a company owned guest house?
devendra saraf (chartered accountant) (31 Points)
26 June 2008Whether VAT or Service Tax is payable on food bill submitted by a caterer providing catering services in a company owned guest house?
The text of notification No. 12/2003 -Service Tax, dated
GOVERNMENT OF INDIA
MINISTRY OF FINANCE/DEPARTMENT OF REVENUE
CENTRAL BOARD OF EXCISE & CUSTOMS
NORTH BLOCK, NEW DELHI - 1 10 001
F.No. - 176/1/200 1-CX.4 (Pt.)
S.K.BHARDWAJ
Member
Tel : 91-11-23094738
Fax: 91-11-23093020
To
The Secretary-General,
Federation of Hotel & Restaurant Association of
B-82, 8th Floor,
Sir,
Sub: Service Tax on Convention Services for Hotels - Reg.
Please refer to letter No.MOF/ST/1/2004 dated
I may, however, inform that in case goods or materials are sold by a service provider to a service receiver during course of providing service, general exemption from service tax (vide exemption No.l2/2003-Service Tax, dated 20-06-2003) is presently available to the extent of the value of such goods, subject to availability of a documentary proof indicating the value of such goods. In other words, if the hotels raise separate bills towards the supply of food or beverages made during a convention, no service tax is chargeable to the extent of the value of these items.
Yours faithfully,
(S.K. Bhardwaj)
Hope this matter rests!
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India