Vat on works contracts

We are registered as a private limited company and undertake interior works for corporates. At what rate should we charge service tax? What should be the rate for VAT? (Will it be for balance amount or as per VAT guidelines)

As per Rule 2A of service tax, ST shall be payable on 70% of amount charged under works contract for maintenance or repair or completion and finishing services such as glazing or plastering or floor and wall tiling or installation of electrical fittings of immovable property.

While VAT guidelines in each state varies. For example Andhra Pradesh / Telangana the AP  VAT Rules2005  Clause 17 mentions that only 30% of total cost can be deducted and for balance VAT is to be charged

This implies that both ST & VAT (for AP) is to be charged for 70% of the amount charged under works contract (hence for a total of 140% of the amount)

Is our understanding correct or is there a better method to apply the above taxes. Please advice

Thanks in Advance

George

 

Replies (2)

As per Rule 2 A (i) of Service Tax valuation of services rules, Service Tax can also be calculated on gross amount charged less the value of property in goods transferred in execution of the contract. Again Vat can be also paid on the 70 % of the gross amount charged. Thus this combination will not result in payment of tax on 140% of the amount charged.

 

Thanks for the reply. This would be possible only if the material and labour can be segreagted exactly. This varies from project to project and can be computed only at end of the project (which does not help at the time of quote)

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