VAT on Hire Charges

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Our co. has taken genset from a vendor and pay monthly rent for supply of electricy in case of power failure. Now, the vendor raised bill for monthly hire charges and also charged vat @ 12.50% in the state of Delhi. Can they charge vat? If yes, pls. reply under which sections, they can charge?

Replies (9)

They can not charge VAT as it is not a sell. But they can charge you service tax and if rent amunt exceeds RS 120000 p.a. then you need to deduct TDS on payment.

Originally posted by :CA CS* Prakash Somani (A helping Hand)
" They can not charge VAT as it is not a sell. But they can charge you service tax and if rent amunt exceeds RS 120000 p.a. then you need to deduct TDS on payment. "


 

But, the vendor charged sales tax 12.5% by raising Retail Invoice and in support of their claim, they have also given us copy of 2 order which has passed by commissioner, VAT Delhi. As per the orders, the commsioner remarked as "So far as 'sale' or 'supply' of Diesel Generating sets on hiring basis to outstation parties by the dealer is conerned the same would attract provisons of the central act and as and when such sale or supply on hiring basis or otherwise is made against 'C' form by the dealer it would attract tax at the rate of 4% otherwise in the absence thereof the tax rate would be 12.50%." Pls. clarify.

Charging VAT is correct in the concept of right to use, once they charge VAT they will not charge the Service Tax, the VAT which they charged on you is creditable under input tax

Dear Patnana, Thanks for reply. Are u sure that I can take input credit on it becuase for taking input credit, vat(tax) should relate directly to the products and it is indirect expenses? Clarify.

Our co. has taken Furniture from a vendor and pay monthly rent . Now, the vendor raised bill for monthly hire charges and also charged vat @ 12350% in the state of Karnataka. Can they charge vat? If yes, pls. reply under which sections, they can charge

Originally posted by : Vishnu.G

Our co. has taken Furniture from a vendor and pay monthly rent . Now, the vendor raised bill for monthly hire charges and also charged vat @ 13.50% in the state of Karnataka. Can they charge vat? If yes, pls. reply under which sections, they can charge

Pls tell the TDS on Hire Charges of Genset ,bill including Rent Charges + VAT.

Originally posted by : ajay.

Pls tell the TDS on Hire Charges of Genset ,bill including Rent Charges + VAT.

TDS applicable u/s 194I

TDS on which amount :: either Rent Charges or Rent Charges+VAT" ? & What % ?


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