05 March 2015
Law : Service tax is required to be paid on all services except those mentioned in the negative list. However, a SSP has an option to claim an exemption in case if the value of all the taxable services is not more than 10,00,000.
For a works contract transaction, 50% service tax is required to be paid by service provider and 50% service tax is required to be paid by service recipient. Hence, the value which is arrived on which tax can be levied, 1. in case of availment of abatement or 2. in case of non availment of abatement
is to be considered in the exemption limit of RS. 10,00,000.
05 March 2015
In case of works contract, valuation is governed by rule 2A of ST(Determination of value) rules, 2006.
Let's take following example of "original works" to understand the same.
Where material & labour are not bifurcated:
Total agreed amount with customer- Rs. 15 Lakhs.
However, by virtue of rule 2A, the taxable value of service comes to Rs. 6 Lakhs(i.e. 15 lakhs X 40%).
Hence, even though contract amount exceeds Rs. 10 lakhs, but since the taxable value is less than Rs. 10 lakhs, no service tax shall be payable by service provider (subject to other conditions prescribed under N/N 33/2012-ST).
To conclude, the taxable value( even for purpose of Rs. 10 lakhs) shall be as post application of prescribed percentages (i.e. 40%/70%).
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