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Determination of value of services involved in the execution of a works contract

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..... ds and land or undivided share of land, as the case may be] transferred in the execution of the said works contract. Explanation .- For the purposes of this clause,- ( a ) gross amount charged for the works contract shall not include value added tax or sales tax, as the case may be, paid or payable, 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; .....

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..... 3G [Provided that where the amount charged for works contract includes the value of goods as well as land or undivided share of land, the service tax shall be payable on thirty per cent. of the total amount charged for the works contract.] 2 [(B) in case of works contract, not covered under sub-clause (A), including works contract entered into for,- (i) maintenance or repair or reconditioning or restoration or servicing of any goods; or (ii) maintenance or repair or completion and finishing services such as glazing or plastering or floor and wall tiling or installation of electrical fittings of immovable property, service tax shall be payable on seventy per cent. of the total amount charged for the works .....

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..... Notification No. 29/2007 dated 22/5/2007 with effect from 1 st day of June, 2007, Further Substituted vide Notification No. 24/2012, Service Tax, dated 6-6-2012 , before it was read as:- 2A. Determination of value of services involved in the execution of a works contract: (1) Subject to the provisions of section 67, the value of taxable service in relation to services involved in the execution of a works contract (hereinafter referred to as works contract service), referred to in sub-clause (zzzza) of clause (105) of section 65 of the Act, shall be determined by the service provider in the following manner:- (i) Value of works contract service determined shall be equivalent to the gross amount charged for the works co .....

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..... ase 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) 2. Substituted vide Notification No. 11/2014 - Service Tax dated 11th July, 2014 w.e.f. 1st day of October 2014 , before it was read as, (B) in case of works contract entered into for maintenance or repair or reconditioning or restoration or servicing of any goods, service tax shall be payable on seventy percent. of the total amount charged for the works contract; (C) in case of other works contracts, not covered under sub-clauses (A) and (B), including maintenance, repair, completion and finishing services such as glazing, plasterin .....

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..... le service, has not been taken under the provisions of the CENVAT Credit Rules, 2004; (ii) the service provider has not availed the benefit under the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 12/ 2003-Service Tax, dated the 20th June, 2003 [G.S.R. 503(E), dated the 20th June, 2003]. Explanation. For the purposes of this sub-rule, the gross amount charged shall include the value of goods and materials supplied or provided or used for providing the taxable service by the service provider. . . Rule 2A as substituted by notification number G.S.R. 431(E), dated the 6th June, 2012. [24/2012 Service Tax, dated the 6th June, 2012]. In the Service .....

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..... contract includes the value of goods as well as land or undivided share of land, the service tax shall be payable on twenty-five per cent. of the total amount charged for the works contract. ; 3F From 8th day of May, 2013 to 31st day of March, 2016 (both days inclusive). (c) for the provisos, the following provisos shall be substituted, namely: Provided that where the amount charged for works contract includes the value of goods as well as land or undivided share of land, the service tax shall be payable on thirty per cent. of the total amount charged for the works contract: Provided further that in case of works contract for construction of residential units having carpet area up .....

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