Query on works contract tax

Dear All, here is a Practical issue encountered while auditing,

 

Kindly Contribute ,

Facts:

 A company from Tirupathi ( AB ltd ) has formed an LLP ( K LLP) along
with 3 other Individual investors and an Estate owner to build and
operate a Estate Resort in Madikeri of Karnataka.

AB ltd due to its experience in the hotel initially commands one time
payment of 10% of the total capital brought in by the others Partners.
( which is adjusted against To be brought share of Capital of AB Ltd )

AB Ltd oversees all the construction of activity right from planning
till completion both on its own and through sub contractors ,
all the expenditure incrred by AB Ltd is reimbursed by K. LLP periodically,
AB ltd is also raising a separate Bill for Consultancy along with service tax.

Issues:

 1. Is Works contract tax applicable to AB Ltd, Tirupathi. If so which
 state governs WCT, Andhra Pradesh or Karnataka.

2.Whether the WCT to be deducted on the payments released by AB ltd to
its sub contractor in madikeri who is contracted for construction and
sourcing all material and labor

Open for Discussion...

Replies (2)

Tax laws of the state where the work is being executed will be applicable for which the contractor has to take local registration.

On consultancy bill , no Works contract tax is applicable.

It is essential that the contractor has to take local registration and comply with local VAT rules to safeguard its revenue. Otherwise, this will look like execution of Inter state works contract, where for the materials part CST has to be charged and for labour part Service tax. More details are required to give a conclusive reply

an indiividual has obtained ST2 for interior decorators only, can he opt composition scheme for works contract?  Does he wants to ammends ST1 to include WCT Services?

Please reply.

 

 

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