Applicability of Service Tax

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Akhil Sonthalia (Querist)
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14 June 2010 We are into business of supply, installation and commissioning of Water Pipes for Drinking Water Distribution. I would like to know if we would be eligible to pay service tax on the installation and commissioning. I could not find any specific provision in relation to this in the Act.

Till now we have been paying Service Tax, but after reading the act, I did not find anything which said we are to pay, and nothing specific that we are exempted.

Thanks in advance.

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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15 June 2010 Supply, commssioning, installation of water pipes coming under commercial construction service, please go through the service definition and other explanation, Some cases where Government devolping infrastructure for public such projctes are excluded from service tax.please go thorugh the Commercial construction service fully for further reference if it is applicable for your project you can decide

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Akhil Sonthalia

Akhil Sonthalia (Querist)
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15 June 2010 Thank you very much, we generally do it for Drinking Water Supply Schemes for the government and it is not for commercial or industrial purposes.
I will definately go through it once more.

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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15 June 2010 One more suggestion, before make decision better you can take Opinion from the Service tax consultants, because general exemption can take easily, but this type of exemption better you consult more than one consultant

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Akhil Sonthalia

Akhil Sonthalia (Querist)
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15 June 2010 Thank you very much Sir.

CA.Hanumantha Reddy

CA.Hanumantha Reddy (Expert)
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18 June 2010 These are exempted by way of notification, circulars.

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CA.Hanumantha Reddy

CA.Hanumantha Reddy (Expert)
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18 June 2010 But dont take garntedly you have to read your contract agreements, actual nature of work undertaken, etc.

Akhil Sonthalia

Akhil Sonthalia (Querist)
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18 June 2010 I would be really glad if you could give the reference to the Circular / Notifications.

Thanks in Advance.

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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24 June 2010 Dear Mr.Hanumatha Reddy. If you provide circular useful to me also

CA.Hanumantha Reddy

CA.Hanumantha Reddy (Expert)
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28 June 2010 Pls refer Circular No 80/10/2004-ST, Dated 19.9.2004.

CA.Hanumantha Reddy

CA.Hanumantha Reddy (Expert)
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28 June 2010 Further, pls note that these services are not to be in relation to Commercial in nature. it is purely on public utility otherwise the same is taxable. And also refer. Circular 116/10/2009 along with recent circular 123/2010.

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