SERVICE TAX ON JOB WORKS (BUSINESS AUXILIARY SERVICE

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Querist : Anonymous

Querist : Anonymous (Querist)

11 May 2010
Dear All,

We are undertaking Manufacturing of RMC ( Ready Mix Concert).

1. We charged Vat at (12.5% + 2.5%) =15% on RMC when we used only our all Raw-materials (Cement, soil, water, chemical, etc )

2. We charged Vat at (4%+1%)=5% on RMC when only cement are provided by our client & customer.

In 2nd case we have to used cement of our client due to their contract agreement with their client as “they have to used only selected type of cement for construction work”

3 Generally RMC which are supplied by us to our client are used for construction of Building and Road.

4. We have not collect any service tax on it as this amount to manufacturing as per Sec 2(F) Central Excise Act.

5. Now service tax department has raised quarry in their audit in our concern that RMC manufacturing in which cement are supplied by our client is liable to service tax as it is not manufacturing. They conclude that this is JOB WORKS as cement is supplied by your client/ customer and liable to service tax under BUSINESS AUXILIARY SERVICE.

6. Further they Conclude that as RMC is Manufacturing as per SEC 2(F) OF CENTRAL EXCISE ACT. But as It is liable to “NIL RATE” under Central Excise Act.
 So RMC In which Cement are supplied by our client is JOBWORKS and is liable to Service Tax. Vide Notification No. 8/2005 under BUSINESS AUXILIARY SERVICE.
 Further RMC in which if we have used our Raw-materials for manufacturing it is not liable to service tax as it is manufacturing.

My question is whether RMC is Liable to service Tax under Business Auxiliary Service or not.
 If we used All our Raw-Material for Its Manufacturing.
 And Only Cement is supplied by our Client for Manufacturing of RMC

Kindly give your best opinion in this matter.

Sanjeev Kumar

Sanjeev Kumar (Expert)
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13 May 2010 in case of 1st condition: it's a pure sale and you rightly paying Sales tax and there is no question for Service Tax; AND

in respect of 2nd case is concern you can claim exemption of goods supllied under Service Tax Notification 12/03 ST / 20.06.2003.

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Querist : Anonymous

Querist : Anonymous (Querist)

14 May 2010 ifhave any case law relating to our situation plz. forward us. anyway thank you

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