Service tax on civil labour contract

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Sam

25 Points Joined April 2016

Hello,

We have started a new company and the started the civil contruction around April 2013. The material for the civil contrustion was supplied by us, while the labour services were provided by the civil contractor. The civil contruction went on for almost 3 years and during these year payment was done as per the bill provided by the civil contractor from time to time. The TDS was also regularly paid @ 2% time to time.

Recently some one pointed out that we are liable to pay service tax on civil work. We have registered for Service tax on Oct 2011. Please provide your expert opionion whether we are liable to pay service tax or not. None of the bill of civil contractor shows service tax and I am almost sure they have not registered for service tax either.

If we are liable to pay, then how to calculate the service tax, interest and late payment charges for all the years starting from 2013.

Thank you for taking the time to read and leaving a suggestion.

Replies (2)

Nitesh Kumar Sharma

Student

136 Points Joined August 2008

It depends on what kind of construction work you are doing. A lot of questions need to be asked before giving exact advice to you.

For example: If you are doing projects for government then what kind of projects (as some are exempt and others are liable to Service Tax)

If you are constructing a housing project, then whether it is low cost affordable housing or otherwise and what are the dimensions of individual units.

Hence you need to be specific. But in general, construction service is liable to service tax.