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service tax and vat,both is possible on one item
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Answer Posted / narsingh
As you are aware, service Tax and VAT can not be imposed on single situation. Firstly, please take example of Mr. Ashutosh. If AMC amount includes value of software, Service Tax will be applicable because AMC services can't provided without software. Secondly, as asked by Mr. Shrikant, if the service provider repair the vehicle and service your vehicle without any part and part sold by them seperately then only service tax will applicable on servicing and Vat on spares. But when he used lubricants etc or replace parts during servicing and he can not provide Services without parts / lubricants then service tax will be applicable on entire amount received inclusive of value of Spares etc.
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Suppose there is a computer Inst. providing a course abc and the total fees for it is Rs.10000 per annum, now this institute gives the right to another institute to provide facility of that course on behalf of it and the fees amt. is bifercated to Regd. fees Rs. 2500, Exam fees Rs.500 and tution fees Rs.7000,now the former institute gives right to later ins. to take Rs.7000 and says that the amt. of regd. fees and Exam fees i.e Rs. 3000 must be given to it plus service tax, now we have to save the former ins. from paying service tax on Amt. 3000, how can we do this?
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