Service tax vat applicability for contractors

Dear sirs,

I have  a doubt regarding the input tax credit of Service tax paid to Subcontractors. I will explain u in detail  as follows:

I am working for a ABC construction company at Hyderabad in Andhra Pradesh

we had given a construction contract to XYZ subcontractor.

we are collecting service tax @ 3.09% from customers,

my doubt is that if we pay Rs.1,00,000/- + taxes to XYZ subcontractor on 21.11.2013

what is the Service tax and APVAT implications and how i can file returns to the departments, and can i get the input for the taxes paid to XYZ.

subcontractor demanding 4.944% of Service tax,  how can i pay this amount to him.

please helpme out

 

 

Replies (1)

Service tax on works contract (construction works) is applicable At 4.944%.  Therefore the sub-contractor's claim of service tax is correct.  Provided pls ensure that the sub-contractor is a corporate entiry, if not he has to charge only 2.472% (i.e., 50%) and balance 50% has to be paid at your end.

Understand under construction of complex you are remitting servicce tax @ 3.09%.

You can avail cenvat credit of service tax paid to the sub-contractor.

As regards APVAT, if the sub-contractor is doing works contract the liability to pay VAT is with the sub-contractor and main contractor need not pay any further taxes on the value of sub-contract, once again.  [Therefore, the sub-contractor portion can be claimed as exemption by the main contractor].  Refer caselaw: 17 VST 1 (SC)

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
24 August 2026
Semi-Qualified CA/CA Finalist - Tax, GST, Audit & Accounts

Bharat Shah & Associates

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 26 August 2026
Article Assistant

ANIVESH CONSULTANTS LLP

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 25 August 2026
CA Article's

Saini Pati Shah & Co LLP

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 24 August 2026
Chartered Accountant Articles

Rohit KC Jain & Co

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 01 September 2026
Articles

Saini Pati Shah & Co LLP, Chartered Accountants

Mumbai

CA Foundation

View Details
Company
14 August 2026
Article Assistant CA Articleship

Eshwar & Co Chartered Accountants - Nungambakkam

Chennai

CA Inter

View Details
Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
29 August 2026
Chartered Accountant

Velionit Consulting PVT LTd

Mumbai

CA

View Details