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civil construction & works contract service   Message List  
Reply | Forward Message #12831 of 14274 |
Re: CAclubindia.com civil construction & works contract service

It appears U R looking for service tax rates on Works Contract.Works Contract (Composition Scheme for Payment of Service Tax) Rules, 2007 have been notified vide Notification No.32/2007-Service Tax. The person liable to pay service tax in relation to works contract service shall have the option to discharge his service tax liability on the works contract service provided or to be provided, instead of paying service tax at the rate specified in section 66 of the Act, by paying an amount equivalent to two per cent. of the gross amount charged for the works contract. Gross amount charged for the works contract shall not include Value Added Tax (VAT) or sales tax, as the case may be, paid on transfer of property in goods involved in the execution of the said works contract.

Subject to the provisions of section 67, the value of taxable service in relation to services involved in the execution of a works contract shall be determined by the service provider in the following manner vide Notification No.29/2007-Service Tax:

( i) Value of works contract service determined shall be equivalent to the gross amount charged for the works contract less the value of transfer of property in goods involved in the execution of the said works contract.

Explanation.- For the purposes of this rule,-

(a) gross amount charged for the works contract shall not include Value Added Tax (VAT) or sales tax, as the case may be, paid, if any, on transfer of property in goods involved in the execution of the said works contract;

(b) value of works contract service shall include,-

(i) labour charges for execution of the works;

(ii) amount paid to a sub-contractor for labour and services;

(iii) charges for planning, designing and architect’s fees;

(iv) charges for obtaining on hire or otherwise, machinery and tools used for the execution of the works contract;

(v) cost of consumables such as water, electricity, fuel, used in the execution of the works contract;

(vi) cost of establishment of the contractor relatable to supply of labour and services;

(vii) other similar expenses relatable to supply of labour and services; and

(viii) profit earned by the service provider relatable to supply of labour and services;

(ii) Where Value Added Tax or sales tax, as the case may be, has been paid on the actual value of transfer of property in goods involved in the execution of the works contract, then such value adopted for the purposes of payment of Value Added Tax or sales tax, as the case may be, shall be taken as the value of transfer of property in goods involved in the execution of the said works contract for determining the value of works contract service under clause (i).
Click on the link below for details
http://www.allindiantaxes.com/ait-news

CA NAMRATA S. NIMODIA

--- On Thu, 24/4/08, vishal pasad <vishal_pasad@...> wrote:
From: vishal pasad <vishal_pasad@...>
Subject: CAclubindia.com civil construction & works contract service
To: aurangabad_ca@yahoogroups.com, bhilai-ca@yahoogroups.com, "bhavani prasad" <chalavadi5@...>, ca_bangalore@yahoogroups.com, ca_blr@yahoogroups.com, caclubindia@yahoogroups.com, calounge@yahoogroups.com, canotes@..., casofgoa@yahoogroups.com, casofpune@yahoogroups.com, charteredaccountantsdelhi@yahoogroups.com, cima_india@yahoogroups.com, dahisarcas@..., delhi_ca@yahoogroups.com, directtaxesindia@yahoogroups.com, fresher_ca@yahoogroups.com, givefactsfin_accts@..., globalindiancas@yahoogroups.com, icai_circ_meerut_ca@yahoogroups.com, icaihyd@yahoogroups.com, indianaccountants@yahoogroups.com, jaipur_ca-owner@..., lucknowca_reinvented@yahoogroups.com, maladchamber@..., masjidcpe@yahoogroups.com, meerutca@yahoogroups.com, patna_ca@yahoogroups.com, servicetaxandvat@yahoogroups.com, solapurcas@yahoogroups.com, taxonclick@yahoogroups.com, thanecas@yahoogroups.com, trc_mptony@...
Date: Thursday, 24 April, 2008, 5:34 PM

Dear Members,
 
 
In construction of civil , industrial & civil services ,,  while taking abatement ,ser tax  should be charged on gross amount  i.e. ser tax should be charged not on Rs.100  but on Rs.100+ 50( app) ( cost of steel & cement. Please see attached clarification by ser tax department,   & ser tax rate is  12.36% of 33% of gross amount.
 
My question is that , in  works contract services , also do service provider have to charge ser tax on Rs.100  or rs.150/ ( including cement & steel amount). Ser tax rate is 4.12% of gross amount.
 
Please guide
 
Regards
 
Vishal
 
 


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Sat May 3, 2008 6:17 am

namrata_jindall
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Message #12831 of 14274 |
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Dear Members, In construction of civil , industrial & civil services ,, while taking abatement ,ser tax should be charged on gross amount i.e. ser tax...
vishal pasad
vishal_pasad
Offline Send Email
Apr 27, 2008
8:13 am

It appears U R looking for service tax rates on Works Contract.Works Contract (Composition Scheme for Payment of Service Tax) Rules, 2007 have been notified...
namrata agrawal
namrata_jindall
Online Now Send Email
May 3, 2008
10:43 am
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