Service Tax Works Contract Composition Scheme has been resicended w.e.f. from 01.7.2012. How the Service tax liability to be calculated under new valuation rules in the contracts wherein Service Tax was paid under composition scheme?
Say for Example - A Contract was there wherein Material was Rs.40 & Services was Rs. 60. Service provider opted for composition scheme hence the liability against the contract was Rs. 4.12 (4.12% rate). As on date invoices of Rs. 80 have been billed and Service Tax paid comes to Rs. 3.3 under composition scheme. Now balance payable amount is Rs. 20 and it consists of entirely of Service. Under first valuation rule if value of material and Services has been indicated then the service tax is to be paid @ 12.36% on Services. Hence it needs clarification whether the service provider can value the works contract service as per second rule of new valuation rules i.e. consider 40% as Services for new works or has to compulsory pay service tax on Service portion left out.
