Let me know whether Service tax is applicable on stedent's food mess bill at hostel running by the engineering college. The mess is non AC and no alchol is served.
Ruby (Sr. Officer) 06 May 2013
Let me know whether Service tax is applicable on stedent's food mess bill at hostel running by the engineering college. The mess is non AC and no alchol is served.
Adv. Amit Bhattad (Advocate) 08 May 2013
Service Tax Liability of Student food mess at hostel
AS per Notification 3/2013, dated 01/03/2013, w.e.f. 1st April 2013 says
“Service Provided in relation to serving of food or beverages by a restaurant, eating joint or a mess
Other than those having the facility of air-conditioning or central air-heating in any part of the
Establishment, at any time during the year.”
In the previous Notification 25/2012, dated 20/06/2012 w.e.f. 1st July 2013 says
“ Service provided in relation to serving food or beverage by a restaurant , eating joint or a mess other
than those having
(i) The facility of air-conditioning or central air-heating in any part of the establishment at any time during the year and
(ii) a license to serve alcoholic beverages”
As per my view
As per Notification No.3/2013, Service Tax is not applicable on student food mess bill at hostel running by engineering college. The only condition that air-conditioning or central air-heating facility not in any part of the establishment at any time during the year.
Regards,
Adv. Amit Bhattad
M.9922199100
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