24 January 2014
We are executing a civil work in Chennai Petrolium Corp.Ltd Chennai and supplying material from Noida (U.P)through applicable CST.But we are being deducted with 5% WCT. Is WCT applicable in this case?If no how to get it back
03 August 2025
You're executing civil work in Chennai Petroleum Corporation Ltd. (CPCL) in Chennai (Tamil Nadu) and supplying materials from Noida (U.P.) under CST. Yet, CPCL is deducting 5% WCT. Here's a breakdown of whether this is correct and what you can do: 🔍 Is WCT Applicable in This Case? ✅ Yes, WCT (Works Contract Tax) is applicable — if: The contract is a works contract, meaning it involves both supply of materials and provision of services (e.g., construction, civil work, fabrication, etc.). Even though materials are supplied from Noida under CST, WCT liability arises at the place of execution (i.e., Tamil Nadu). In Tamil Nadu, TDS under WCT is required to be deducted by contractees (like CPCL) on gross payment made to contractors for works contracts — regardless of where the materials originate. 🧾 Key Legal Reasoning: If you're executing work (construction, installation, etc.) on-site in Tamil Nadu, then local VAT/WCT laws apply to the execution portion. The supply of goods from Noida may be under CST, and that part may be exempt from WCT if it's a distinct sale. But in most composite contracts, the entire contract value is subject to WCT unless clearly segregated into “pure supply” and “pure service.” ⚠️ Why 5% WCT Is Likely Being Deducted: CPCL is likely treating the contract as a composite works contract. They're deducting WCT at source (TDS) as per Tamil Nadu VAT rules. 💡 How to Avoid or Claim Refund of WCT Deducted: 1. Split Contract Approach (if not already done): Structure the contract as two separate agreements: One for supply of goods (interstate – CST) One for execution/services (local – liable for WCT) If properly split, WCT should not apply to the supply portion. 2. File Return and Claim Refund / Adjustment: If you’re registered under Tamil Nadu VAT, you can: Show the deducted WCT as TDS credit. Adjust it against your VAT/WCT liability. If there’s an excess, you can apply for a refund as per Tamil Nadu VAT rules. 3. Submit Declaration / Representation: You may also submit a representation to CPCL with: CST invoices proving the interstate nature of the supply. A request not to deduct WCT on that part (may work if contract allows segregation). However, in practice, PSUs like CPCL follow conservative deduction norms. ✅ Summary: Point Status Is WCT applicable? ✅ Yes, likely under TN VAT for execution part On CST-supplied goods? ❌ Not if segregated properly in contract WCT Rate 5% (Standard deduction rate) How to get refund? File TN VAT returns, claim TDS credit/refund Can it be avoided? Only if supply and execution are separated
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