service tax on hiring charges of suttering material

117. Works contract Services

(A) Date of Introduction: 01.06.2007 vide Notification No. 23/2007-S.T., dated

22.05.2007

(B) Definition and scope of service:

“Taxable Service” means any service provided or to be provided to any person, by

any other person in relation to the execution of a works contract, excluding works contract

in respect of roads, airports, railways, transport terminals, bridges, tunnels and dams.

Explanation.—For the purposes of this sub-clause, “works contract” means a contract

wherein,—

(i) transfer of property in goods involved in the execution of such contract is leviable to tax

as sale of goods, and

(ii) such contract is for the purposes of carrying out,—

(a) erection, commissioning or installation of plant, machinery, equipment or structures,

whether pre-fabricated or otherwise, installation of electrical and electronic devices,

plumbing, drain laying or other installations for transport of fluids, heating, ventilation

or air-conditioning including related pipe work, duct work and sheet metal work,

thermal insulation, sound insulation, fire proofing or water proofing, lift and escalator,

fire escape staircases or elevators; or

(b) construction of a new building or a civil structure or a part thereof, or of a pipeline or

conduit, primarily for the purposes of commerce or industry; or

(d) completion and finishing services, repair, alteration, renovation or restoration of, or

similar services, in relation to (b) and (c); or

(e) turnkey projects including engineering, procurement and construction or

(f) commissioning (EPC) projects;

(Section 65 (105) (zzzza) of Finance Act, 1994)