Interstate works contract

This query is : Resolved 

03 November 2008

Under Maharashtra VAT , a Works contract can be taxed in 2 ways
1) Ad hoc deduction 15% / 20% / 40% etc for labour and tax balance amount @ aplicable rate
2) Composition scheme where we pay tax @8%

If i am executing an Interstate works contract then how should i tax it?
Can i get ad hoc deduction for labour charges? if no should i pay tax on entire contract value?

S.Srinivasaraghavan (Expert)
04 November 2008

Central Sales Tax will be payable on goods involved in works contract, if goods move from one State to another on account of such works contract from 11th May 2002 onwards.

Works contract of movable property - There can certainly be inter State works contract in case of movable property e.g. printing contracts. In fact, Central sales tax can be levied on any goods involved in works contract in case of movable property.

Works contract in case of immovable property - One interesting question that is likely to arise is whether there can be ‘goods involved in works contract’ if finally the article becomes immovable property in other State. For example, if a dealer undertakes supply and erection of machinery in other State, whether it will be a ‘inter State works contract’. In my opinion it will be held so, as the movement of goods from one State to another certainly occasions on account of the works contract. It must be remembered that in case of works contract, the sales tax is on ‘goods involved in the execution of contract’ whether the property passes as goods or in some other form. There is no CST on ‘works contract’ as such. Thus, CST on works contract is really only on goods involved, which certainly move from one State to another.

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