Applicability of service tax on open plot

Dear All,

A Limited company having own land and it is going to develop the land by its own resources by engaing the labour and hiring necessary machinary for making small plots for sale.   Development  includes planning, designing  of layout, site clearance, Land reclamation, development of internal roads, water supply, sewerage, electrification etc.

What is the applicability of service tax?

Replies (1)
Originally posted by : RAMESH

Dear All,

A Limited company having own land and it is going to develop the land by its own resources by engaing the labour and hiring necessary machinary for making small plots for sale.   Development  includes planning, designing  of layout, site clearance, Land reclamation, development of internal roads, water supply, sewerage, electrification etc.

What is the applicability of service tax?

 

“Site formation and clearance, excavation and earthmoving and 
demolition” includes,- 
(i) Drilling, boring and core extraction services for construction, 
geophysical, geological or similar purposes; or 
(ii) Soil stabilization; or 
(iii) Horizontal drilling for the passage of cables or drain pipes; or 
(iv) Land reclamation work; or 
(v) Contaminated top soil stripping work; or 
(vi) Demolition and wrecking of building, structure or road, 
          but does not include such services provided in relation to agriculture, 
irrigation, watershed development and drilling, digging, repairing, 
renovating or restoring of water sources or water bodies. 
 (Section 65(97 a) of Finance Act, 1994 as amended)
“Taxable service” means any service provided or to be provided to any person, 
by any person, in relation to site formation and clearance, excavation and 
earthmoving and demolition and such other similar activities. 
 (Section 65(105)(zzza) of Finance Act, 1994 as amended)  
C. Rate of Tax & Accounting Code:  
Rate of Tax  Accounting 
Code 
Service Tax  10% of the value of services 00440306
Education Cess 2% of the service tax payable 00440298
Secondary and H. 
Education Cess 
1% of the service tax payable. 00440426
Other  –
Penalty/interest  
As levied or applicable  00440307
          (Rate of tax is effective from 24.02.2009.)

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