Title: SERVICE TAX on construction industry by g. natarajan advocate, swamy associates
1 SERVICE TAXon construction
industrybyg. natarajan advocate, swamy
associates
2Commercial or industrialconstruction service
- Primary use for commerce /
- industry (NCC-GWSSB 2010-tiol-789).
- Exclusion for roads, airports
- railways, transport terminals,
- bridges, tunnels dams.
3Commercial or industrialconstruction service
- Circular No.116/10/2009 Dt.
- 15.09.2009.
- Abatement.
- Notification 15/2004 1/2006
- Extended to finishing services
- w.e.f. 16.06.2005. No abatement.
4Commercial or industrialconstruction service.
- Explanation. - For the purposes of this
notification, - the gross amount charged shall include the
value of - goods and materials supplied or provided or
used - by the provider of the construction service
for - providing such service.
- Cemex Engineers Vs CCE
- 2010 (17) STR 534.
- Jaihind Projects 2010-TIOL-124.
5Site formation service
- site formation and clearance, excavation and
earthmoving and - demolition includes,
- drilling, boring and core extraction services for
construction, - geophysical, geological or similar purposes
or - (ii) soil stabilization or
- (iii) horizontal drilling for the passage of
cables or drain pipes or - (iv) land reclamation work or
- (v) contaminated top soil stripping work or
- (vi) demolition and wrecking of building,
structure or road, - but does not include such services provided in
relation to agriculture, irrigation, - watershed development and drilling, digging,
repairing, renovating or - restoring of water sources or water bodies.
6Site formation service.
- Exclusion for roads, airports
- railways, transport terminals,
- bridges, tunnels dams.
7Construction of residential complex service
- Exclusion for personal use.
8Construction of residential complex service
- Circular 108/2/2009 Dt. 29.01.2009.
9Agreement to sell and execution of sale
deed. SELF SERVICE Magus Constructions (P)
Ltd. 2008 (11) STR UOI.
Sale of UDS and Construction agreement. PERSONAL
USE
10Construction of residential complex service...
- Abatement.
- Notification 18/2005 1/2006
11Works Contract service
- Specified Works Contracts.
- - erection, commissioning installation.
- - commercial or industrial construction.
- - construction of residential complex.
- - finishing / repair of the above.
- - turnkey projects / EPC contracts.
- (Circular No. 116/10/2009 Dt.
15.09.2009) -
12Works Contract service
- Composition scheme
- Non Composition scheme and
- valuation therefor.
- Value of free supplies
- Notification 23/2009 Dt. 07.07.09.
13Works Contract service
- Ongoing contracts switchover
- Circular 98/1/2008 Dt. 01.01.2008
- NCC Vs UOI 2010-TIOL-403-HC.
14Works Contract service.
- Diebold Vs CCE 2008 (9) STR 546.
- Soma Enterprises Vs CCE
- 2009 (15) STR 559.
15Amendment in Budget 2010-11
Section 65 (105) (zzq) (zzzh). Explanation
For the purposes of this sub-clause, construction
of a new building / complex, which is intended
for sale, wholly or partly, by a builder or any
person authorised by the builder before, during
or after construction (except in cases for which
no sum is received from or on behalf of the
prospective buyer by the builder or a person
authorised by the builder before the grant of
completion certificate by the authority
competent to issue such certificate under any law
for the time Being in force) shall be deemed to
be service provided by the builder to the buyer.
16Amendment in Budget 2010-11.
- How can land value be included?
17THANKS
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