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Works contract were not chargeable to service tax prior to 1.6.2007 - Supreme Court

Dated:- 20-8-2015 - Works Contract - Levy of service tax prior to 1.6.2007 - Whether service tax can be levied on indivisible works contracts prior to the introduction, on 1st June, 2007, of the Finance Act, 2007 which expressly makes such works cont .....

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to be taxed separately as such. A close look at the Finance Act, 1994 would show that the five taxable services referred to in the charging Section 65(105) would refer only to service contracts simpliciter and not to composite works contracts. This .....

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a service contract which is a commissioning and installation, or erection, commissioning and installation contract. In fact, the speech made by the Hon'ble Finance Minister in moving the Bill to tax Composite Indivisible Works Contracts specifica .....

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ved in the execution of a works contract. However, I also propose an optional composition scheme under which service tax will be levied at only 2 per cent of the total value of the works contract. Absence of valuation rules to determine the correct v .....

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thority for the proposition that a tax is leviable even if no rules are framed for assessment of such tax, which is wholly incorrect. The Patna, Madras and Orissa High Courts have, in fact, either struck down machinery provisions or held machinery pr .....

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orks contracts, such argument must fail. This is also for the simple reason that there is no subterfuge in entering into composite works contracts containing elements both of transfer of property in goods as well as labour and services. We have been .....

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