banner_ad

Apllicability of Service Tax

This query is : Resolved 

25 May 2009 A company is engaged in the business of Metalising (zinc coating mainly of auto parts). the work is done on job work basis. they raise a consolidated bill for the Material and their service Cost. the firm is also registered in the Sales tax and paying sales tax @ 1 % on the sales turnover. the total turnover of the Company is About 25-30 lacs.

Is service tax applicable on this kind of work?

If yes under with service and what will be the rate of service tax?

25 May 2009 Liable under BAS - production / proicessing of goods not amounting to manufacture.
On the labour charges part there is a liability.
Options: Avail cenvat credit on raw materials and pay ST on full amount. [ may not be feasable since volume low and excise documents may notbe available]
Avail deduction for materials cost under Not.12/2003 [doumentary proof for same could be an issue]
A possible legal argument couldbe that this is works contract and in WC the entry does not exist. [ to use this argument there shouldbe some case law precedence. which presently is not there]

26 May 2009 thanks for the reply.


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now


CCI Pro
CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries



CCI Pro
Meet our CAclubindia PRO Members

Follow us
add to google news



Answer Query



Company
Featured ARTICLESHIP 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 29 April 2026
Manager- Finance and Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details