banner_ad

Service Tax

Queries 1456 views 1 replies

Hi,

We are a Limited Company and we have a contract for Fixing of Re-inforcement Bars with a construction company which is further working for DMRC. 

While submiiting our bills to that contruction company we are charging the service tax as per the prevailing rate applicable. Now the construction company is telling to us that the service tax is not applicable on DMRC as per the Section 65 (25b) of the Finance Act (Service Tax) 1994.

Kindly let me know what is the exact procedure or Law.

Whether we can claim service tax with the construction company or not.

Pls do the needful as early as possible with proper sections/rules/notification/circulars numbers.

Thanks in advance.

Regards

Manish Kr. Joshi 

Replies (1)

Section 65(25b) of Finance Act 1994 refers to the taxable service "Commercial & Industrial Construction"  It is defined as

S. 65 (25b“commercial or industrial construction service” means—
    ...............................

, but does not include such services provided in respect of roads, airports, railways, transport terminals, bridges, tunnels and dams

Since DMRC is a railway, any service in respect of DMRC is out of service tax purview.

Hence, service tax cannot be recovered from the construction company.

Also, since this would be an exempted service for you, you must either take 20% Cenvat credit OR reverse the 10% amount.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
08 May 2026
Paid Assistants

Quick Taxperts Private Limited

Bengaluru

Graduate (Any)

View Details
Company
07 May 2026
CA Assistant

amit desai and co

Mumbai

CA Final

View Details
Company
24 May 2026
Accounts & Tax Executive

PARAS KHURANA AND CO

New Delhi

B.Com

View Details
Company
ARTICLESHIP 23 May 2026
Article Assistants

Acupro Consulting

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 04 June 2026
Article

Rakhecha & Co.

New Delhi

CA Inter

View Details
Company
26 May 2026
CA / MBA (Finance) / CMA / M.Com (Finance)

Sri Aurobindo Gnostic Centre of Education

New Delhi

CA

View Details
Company
14 May 2026
Senior Associate

ABHISHEK SHANKAR AGARWAL & ASSOCIATES

Kolkata

CA

View Details
Company
11 May 2026
Post office

Post office

Anakapalle

Others

View Details