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

Abatement on New construction/Repair work

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Abatement on New construction/Repair work
Query (Issue) Started By: - SHIVKUMAR SHARMA Dated:- 21-6-2014 Last Reply Date:- 24-6-2014 Service Tax
Got 2 Replies
Service Tax
Dear Experts Pls.help me in the following issue : 1.How much abatement will be available for New Civil construction of factory building on our own land. 2.How much abatement available on Repair/renovation of our P .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... lant building under the head Works contract service. Pls.quote service tax notification Number for above refrence ​Thanks. Reply By Rohan Rane: The Reply: Sir, 1) For Original Works you can avail 60 percent abatement. Service tax shall be paid on balance 40 percent i.e. 4.944 percent (40 percent of 12.36 percent ). Service Tax Category :- Works Contract Service. 2) For Repairs & Main .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tainence, you shall avail abatement of 30 percent incase providing maintainene service alongwith material and pay tax on balance 70 percent i.e 8.652 percent (70 percent of 12.36 percent) 3) Reverse charge mechanism shall apply if Service provider is Individual, HUF, AOP or Partnership firm and receiver is Body Corporate. i.e. 50 percent each provider & receiver. 4) For Pure MMRS, service tax s .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... hall be charged at full rate i.e. 12.36 percent where there is no element of material involved. Kindly refer, Rule 2A - Service Tax (Determination of Value) Rules, 2006. Thanks. Reply By ganeshan kalyani: The Reply: I would like to discuss on the arrangement between the service provider and the receiver of the service under works contract. the material portion in execution of works contract .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... is provided by the service receiver and work would be executed using the labour and supervision to get complete the works contract service. Since the Invoice raised by the provider of the service would consist of only service portion as the material cost is borne by the service receipt. would this arrangement be termed as works contract and service tax would be paid under reverse charge mechanism. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the wording on the Invoice raised is not obvious justifying the service portion charged.
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