Taxablity pure labour contracts

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This query is : Resolved

DIPAK PURWAR (Querist)

03 January 2014 As per the defination of Work contract , pure labour contract which does not include the transfer of property of Goods , does not come under work contract. will be taxable under other category. my individual client ( who is registered under work contract service and commercial construction service ) has taken civil construction contract of a factory under pure labour basis i.e. All the material shall be supplied by the contractee.

Under which category this type of labour contract are taxable and what rate? pl suggest

TRINATH

TRINATH (Expert)

03 January 2014 hi,
works contract” means a contract wherein,—
(i) transfer of property in goods involved in the execution of such contract is leviable to tax as sale of goods, and
(ii) such contract is for the purposes of carrying out,—
(a) erection, commissioning or installation of plant, machinery, equipment or structures, whether prefabricated or otherwise, installation of electrical and electronic devices, plumbing, drain laying or other installations for transport of fluids, heating, ventilation or air-conditioning including related pipe work, duct work and sheet metal work, thermal insulation, sound insulation, fire proofing or water proofing, lift and escalator, fire escape staircases or elevators; or
(b) construction of a new building or a civil structure or a part thereof, or of a pipeline or conduit, primarily for the purposes of commerce or industry; or
(c) construction of a new residential complex or a part thereof; or

(d) completion and finishing services, repair, alteration, renovation or restoration of, or similar services, in relation to (b) and (c); or

(e) turnkey projects including engineering, procurement and construction or commissioning (EPC) projects;
Under work contract, Service Tax is payable on 2% of gross amount charged for Works Contract subject to certain conditions.
Tnks.

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