Service tax on purchase order amount

Queries 2173 views 3 replies

"A" is a manufacturer, it has excise registration for manufacturer, service tax registration for GTA and business auxiliary service, now "A" makes a rolling machine, and also does the erection, installation, commissionig of these machine at the buyers site. Now say the  Amount of purchase order is 1000000 (which includes supply of machines, and above mentioned services), but the cost of goods supplied is say 700000. In the purchase order the scope of work includes erection, installation etc. 

Now what i want to know is "A" liable to pay service tax on (1000000-700000)=300000 as works contract service provider at the rate of 4% or 10%?

Replies (3)

If composition is opted , then 4.12% on gross contract amount including value of goods. Otherwise 10.3% on erection ,installation charges.

Sir , A has not been paying service tax paying at all, but has been paying excise duty on excise goods component, so what is suggested, should they go for Service tax on 300000 @ 10.3%,under erection and installation charges. Under waht category A should go for service tax registration, works contract or ERECTION, COMMISSIONING OR INSTALLATION SERVICE?

Sanjiv,

Please refer to Point No.10 of 643/34/2002 dated01.07.2002 clarifying doubts on Valuation Rules. Where erection, installation, commissioning brings into existence an immovable property, that is not excisable, cost incurred should not be included in Assessable value, but where a machine is cleared & erected & commissioned at site and the same is excisable item, the cost of erection, installation and commissioning charges would be included in its assessable value. In other words if the expenditure on erection, installation and commissioning has been incurred to bring into existence any excisable goods, these charges would be included in the assessable value of the goods. I think that rolling machine is an excisable commodity, hence  expenditure on erection, installation and commissioning has to form the part of assessable value.

The link for the same is given below for reference:

https://www.cbec.gov.in/excise/cx-circulars/cx-circulars-02/643-02-cx.htm


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