Contract of pollution control equipment

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Hii all,

A company has been awarded a contract of executing a pollution control equipment in the premises of buyer.

This company will execute the whole contract by sub-contracting it to 10-12 other sub-contractors for each line of work i.e. civil, mechanical, testing, installation, commissioning etc.

The said work is completely a works contract for the purpose of service tax and VAT (Gujarat State).

However, pollution control equipment falls under definition of "Capital Goods". In execution of said contract, company is buying various excisable goods from sub-contractors which will be directly supplied in the buyer's premises where pollution control equipment is to be executed. Sub-contractors are certainly going to charge excise on raw materials supplied like pipes and other products.

The question here is does execution of pollution control equipment (a capital goods item) amount to manufacture and if yes shall company charge excise duty to buyer?

Can company claim that the status of the sub-contractors are that of manufacturers only and excise duty charged on materials supplied by them for the execution of such contract are already bared by the company as costs of contracts and therefore no excise duty is to be charged further at the time of completion of pollution control eqiupment. 

Please guide in this matter.

Thanks in advance.

Replies (1)

to charge the excise duty one term must be satisfied, that the goods ( here the capital goods, pollution control equipment) has a market valuem u .e saleable in open market, 

if the above confirms then ED is chargable.

an example, a bridge is built in pieces and assembled on a river, now the bridge is fixed , whole the inputs are duty paid, but as the bridge can not be sold in open market, and can not be moved, it can not be charged with ED ( though the input credit is not available and inputs have to be fully duty paid at the time of  aquire)

look in depth of your contract for supply and errection of the plant, and share more facts to discuss next.


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