Can a restaurant charge service tax without service tax registration

[samkapoor77]

Yesterday I ordered food from restaurant that provides free home delivery. When I saw bill, there was a service tax component. But as per my knowledge the restaurant has not yet taken service tax registration. When I called the restaurant manager and told him that he can not charge service tax, he told me that the service tax is to be charged on services and has nothing to do with service tax registration. I know I am right. What is your comment on it?

[samkapoor77]

Yes, you are right. No service tax registration, no right to charge service tax from customers.

[Author]

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