Works contract :

Others 1315 views 7 replies

In works contract i hav followibg doubts

1.When a bill is issued showing onlu aggregate of value of goods and service. What is the procedure to bifurcate goods and service ? Especially how is labour element identified small small job works like repairs. Whether an OH Absorption rate will do?. What is the treatment of GP included in gross bill?

2. If the final product of the works contract is covered under VAT Schedule then whether the full bill amount including labour and other service element is chargeable to VAT? (here bill is not bifurcated into labour and value of goods)

3. Under service tax law when VAT is paid on actual value of goods, such value is deductible while computing value of service. If so, then in Question 2 above since VAT is paid on full bill amount there will not be any service element. Is this logic correct

 

Replies (7)

1. For calculating value for the works contract : If separate bifurcation is available then it should be separately shown in the bill for material and service and if no bifurcation is possible then deduction u/s 58(1)  [MVAT ACT] is available . the deduction depends on the type of works contract . the remaining value of the bill will be the value for levy of VAT ...............

 

Ok...

Hi,

As u have said that the wct is mentioned in VAT schedule then, there is no need to separate vat and services. u can charge the full amount ie., material and labour with vat rate mentioned. Make sure, that such rate metioned is for composite scheme or not. If it is for composite scheme then u cannot avail input credit. If it is not then, u can even adjust the same with the input credit.

 

regards,

Jafer

A complete overview of Service Tax on Works Contract:

 

https://www.indiantaxupdates.com/2012/11/05/service-tax-on-works-contract-wef-1st/

@ jafer

Yes, I agree that VAT should be charged on the full amount.

But then under new ST law service tax is to be calculated on total value of contract Less value of goods involved. If this logic is applied then no service tax is leviable in cases where output of Works contract is mentioned in VAT schedule. 

Is this a correct interpretation or have I misunderstood any provision?

HI,

See, there are some wct which are mentioned in the vat schedule. If it is mentioned then, the logic of ST will not apply. Straight away u have to charge VAT on the total bill ie., material+labour.

regards

jafer

So are u saying that in these cases Service tax is not applicable??

yes,

There are some wct which are mentioned in the vat schedule are taxed on the total value of the bill.


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