Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

service tax on construction building

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... service tax on construction building
Query (Issue) Started By: - santosh sabat Dated:- 26-11-2011 Last Reply Date:- 12-1-2012 Service Tax
Got 4 Replies
Service Tax
Please advise me whether service tax is applicable for one of my client who is making constructing buildings in the form of duplex for residential accomadation. He sold the portion of land individually to all the customers. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Now he has made agreement for construction of building one-to-one basis individually. My question is whthere service tax is chargable if so under which category? Reply By vasudevan unnikrishnan: The Reply: works contract service may attract,which is 4% of the gross value,and cenvat can be taken on the inputs. Reply By ANAND SHEMBEKAR: The Reply: In your the answer is as below : You are pro .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... viding the service to your customers. If the State VAT is applicable for your construction work , then your services are falling under the category of works contract service. You have to charge the WCT @ 4% on entire value of contract excluding VAT element plus 2% ED cess and 1% Shed cess , so the effective rate of service tax is 4.12% . In the works contract composition scheme , you are not ent .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... itled to take the cenvat credit on inputs,Please see the notification no. 32/2007. Kindly note that any materials are supplied to your client at free of cost to you then the value of materials must be added in taxable value for the purpose of charging WCT service tax. Thanks A M SHEMBEKAR CELL 09421187122 Reply By vasudevan unnikrishnan: The Reply: cenvat on capital goods and input services .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... are available for works contract service;only cenvat on 'input materials'are not admissible.. Reply By siva ramalingam: The Reply: Dear Sir, This service will not attract Service tax because this service will not fall under the following category 1)Commercial Construction Service 2)Residencial Complex construction service 1) This will not fall commercial construction service because no motive .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... of Profit make. this for personal use of Individuals. 2)This service not fall under residential complex this category define more than 12 houses as per your statement come to know one-one basis so definatly this will not fall under the same so according to me there will not attract any service tax for the same
Discussion Forum - Knowledge Sharing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates