Service tax on jcb rent

Queries 1300 views 3 replies

We have given contract to  vendor whereby the Vendor will bring JCB and level the ground (land owned by our company) for construction of a Storage shed for keeping raw-materials

 

He brings JCB. That JCB is not owned by that vendor. He takes it on rent from some other person. Brings it to our factory, level the ground. He gives the JCB back to real owner. Our mechanical and civil and project  department will overseas his work.

 

Vendor calculates his charge like this

Opening JCB reading time , CLosing JCB Reading time , No of hours worked * Rate per hour = Bill amount

 

 

That vendor has taken the following ST registration

1. Manpower recruitment agency - 00440060

2. Works contract service.- 00440410

3. Constuctions services in respect of commercial or industrial buildings and Civil structures.00440290

 

 

Questions

1. Is vendor necessary to take ST registration for Supply of Tangible goods for JCB renting.

2. Is it necessary that JCB should be owned by him only  to put it  under Supply of tangible goods service.

3. Can this JCB rental treated as part of Construction of civil structure services? (so that he need not take new registration for supply of tangible goods). If not why?

4. If we are treating the above as part of Construction service, can we claim abatement.?(There is no abatement for Supply of tangible goods)

Replies (3)
The said service is not supply of tangible goods as the posession and use of jcb rests with the operator / vendor. It cannot be called as construction service too as there is no construction but just levelling of land. It is not a declared service but does come in the ambit of service tax.
Please advice me under which head service tax registration need to be taken for the questioned service

Dear Sir,

We are a transport co. & we have given a hydra (lifter) to a Ltd. company on rent. My question is that the service tax is applicable on rent or not. if yes then in which type of service and percentage of abatemet as per new rule 2015. please clarify at the earliest.


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