According to Notification No 26/2012 dated 20-06-2012 with effect from 01-07-2012 in respect of Construction of a complex, building, civil structure or a part thereof which is intended for sale to a buyer, wholly or partly, service tax is payable on the 25% of the amount charged by such service provider subject to the condition that CENVAT Credit on “inputs” used for providing the taxable service has not been taken under the provisions of the CENVAT Credit Rules, 2004. In other words, Department has given bonanza to builders by allowing them to avail and utilize CENVAT Credit in respect of “input services” and “capital goods” while discharging their service tax liability in respect of Construction Services with effect from 01-07-2012.
Case-1
For Example: we are developing a residential/ commercial building and also planned to sale 80% of flats before issuance of completion certificate and balance of 20% retained as stock-in-trade and to sale it after issuance of completion certificate. According to section 66E of the Finance Act-2012, in case of 80% of sale; service tax applicable; whereas in case of 20% of sale, service tax is not applicable due to consideration received from buyer against the cost of flat after the issuance of completion certificate.
Case-2
We received consideration i.e. 80% of flat cost from prospective buyer before issuance of completion certificate and 20% of flat cost at the time of hand over of possession after the issuance of completion certificate.
Case-3
We accumulated CENVAT Credit at Head Office from the services provided for Plotted Project and other activities on which service tax is not leviable as well as for construction complex services on which service tax is leviable.
Queries
1.What is the implication of CENVAT credit in Case-1 & 2; can we utilize 100% of input service tax against 80% of out put tax liability?
2.What is the implication of Rule 6 of CENVAT Credit Rule-2004 in Case-3; Can we utilize all CENVAT credit against our service tax liability?
3.Kindly provide the procedure for utilization of CENVAT credit in all the above three cases.
hai...
i need to know about, whether service tax is applicable for restaurant in a 3 star hotel......
if applicable means, what is the rate of service tax?if there is any abatement?
If can give appropriate link also...
what is the matter of service tax in terms of advocate ? kindly convey me it's urgent.thanks in advance
If the vendor is providing the service of replacement of various machinery,which includes material as well as service, and if he is charging 12.36 % service tax then in this case whether its works contract and whether we are liable to bear 50% under reverse mechanism
sir ,
IF GTA levies 25% service tax on its freight bills , the following questions arise:-
1.Can Input ST credit in respect of 25% service tax be claimed by service receiver ?
2. Will the PRC mechanism come to picture ? if so , how mach percentage of ST will the service receiver supposed to pay ?
thanks in advance
ashok malhotra
Sir/Madam,
With effect from 01.07.2012 onwards whether Service Tax is to be collected from Trust for work done/Bills raised in the name of Trust.
Previously, Trust is not a commercial entity,Service Tax not collected from Trust.
In view of recent changes,based on negative list of Services,is Service Tax applies to Trust?
Thanks
Siva
Dear Sir, Service tax liability is on whom in case of Works Contract Services by body corporate to body corporate? What is the applicable % of service tax on WCT for private road WCT service?
Dear Sir
We are Service Receiver of Man power, Our Service Provider charges Service Tax 25% on bill. & writes 75% of S.T Payable by service receiver.
I want to know that we are liabel to pay the service Tax i.e. 75% and what amount is eligible to cenvat purpose.
Let me know in detail.
Thanks
Hi friends,
I am working in a PVT LTD company undertaking govt. contracts, and most of contracts are exempt from applicability service tax.
We are undertaking construction of roads, bridges, etc. and these activities are exempt from service tax. We also sub contract most of our work on works contract basis so sub contractor also gets exemption from service tax.
Now my question is as:-
If we sub contract only labor work,i.e., material provided by us and work is done by sub contractor, will above sub contracting of labor work would be treated as supply of man power for any purpose and attract service tax liability as per notification no. 30/2012- ST.
Dear Experts
Kindly tell me how to find the Range for service tax registeration.
I have to Register under Service Tax-II Mumbai under division -IV, Service category is Consultancy.
Now from 01.07.2012 as the category of service is same for all i.e other than negetive list so how can find the range???
And also division code link available on ACES website is not understandable about the Ring Road area in delhi can any one explain this
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Opinion required- service tax on construction