Has any one analysed the dining bill of "Le-Chef" Restaurant in Sector 37 Faridabad. The restaurant is fraudulently charging 28.13% VAT as against 13.13% applicable in the State of Haryana. Rest of the money must be pocketed by misleading you and evading the taxes. While I am planning to initiate action against such unfair and fraudulent practice, I would appeal all those members to kindly send me the copy of the bills as and when they dine out in the above restaurant as well as in any other restaurant in Haryana.
There are two violations of the provisions:
1. Applicable rate of VAT is 13.13% as against 28.13% being charged and
2. VAT is chargeable on 60% of the basic food bill.
I am seeking copies of the bill from the members on my email id skvirmani@gmail.com more
There are two violations of the provisions:
1. Applicable rate of VAT is 13.13% as against 28.13% being charged and
2. VAT is chargeable on 60% of the basic food bill.
I am seeking copies of the bill from the members on my email id skvirmani@gmail.com more
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@Mr. Yashpal Singh Ji, The principle of taxation remain same. The HC stated that there could not be double taxation. Once some amount has been charged with Service Tax again cannot be charged with VAT. Secondly there are some restaurants which are charging even ST on VAT. Just now I had a clarification from Delhi Sales Tax that they have not found anything wrong on charging VAT on packaged product which has a tag of MRP. Now as per legal metrology Packaged commodities rules, the MRP means all inclusive incl VAT, Tax etc. Now this aspect is alo being contradicted by Sales Tax Deptt. more
Jun 22
Dear Mr. Virmani, That was Uttarakhand high court decision. Is it applicable in Haryana? more
Jun 22
Thank you Mr. Virmani. I shall take up the matter with the restaurant's auditor. If Haryana Tax department has any email, please let me know and I shall write to them too. more
Jun 22
Dear Mr. Yashpal Singh Ji, The High Court has already ruled that VAT cannot be charged on that value which has been charged for service tax. In that case VAT should be charged on 60% of the value instead of 100% value. more
Jun 22
Service charges are generally 5-10%, that is charged on total bill amount. However ground rule is that if the menu mention service charge, you have to pay, if it does not, you can question. Service tax is 14% on the 40% of entire food bill , including service charges. Vat is state specific and charge on entire food bill including service charge. Vat is different for the food and Alcoholic Beverages . An additional surcharge on the vat charges is charged. more
Jun 22
