Calculation of VAT on Restaurant's Bill

According to my knowledge vat leviable on 60% of Restaurant Bill. Because rest of 40% Bill fall under service Tax. So please give opinion if any Restaurant charging vat on 100% of Restaurant of Bill. Can I complaint to consumer Court? In pleadings Restaurant may stated that they are charging vat as per rules of taxation Department or we have received any guidelines from Department about charging vat on 60% of Bill.