Works contract question

In Works Contract there are three types of works contract Original, Maintenance & Other works.
1.    In case of original works contract (New Construction) service tax shall be payable on 40% of the total amt charged for the works contract.
2.    In case of maintenance & repairs works contract (servicing of any goods) Service tax shall be payable on 70% of the total amt charged for the works contract.
3.    In case of other works contract (Electrical & Fittings) Service tax shall be payable on 60% of the total amt charged for the works contract.

 

My Question: If a builder has simply constructed the structure, under which category will the same be? Note that Electrical and furniture fittings, interior designing etc. will be done by some other person. Will it be 'Original Works', 'Maintenance and Repair's or 'Other Works Contract'?

Replies (2)

Dear Yashsr,

It will be fall under Original Works. Definition is attached for your reference:

(a) “original works” means-

(i)    all new constructions;

(ii)   all types of additions and alterations to abandoned or damaged structures on land that are required to make them workable;

(iii) erection, commissioning or installation of plant, machinery or equipment or structures, whether pre-fabricated or otherwise; 

Hope it useful to you.

Second Clause of Maintenance & Repairs works contract is only applicable to 'any goods'. Hence not applicable in your case. In your query, builder is only constructing the structure. It is a New Construction and would wall in Original Works and Service Tax will be payable on 40% of the amount charged.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 08 October 2026
ARTICLE TRAINEE

S.B.G. & CO. CHARTERED ACCOUNTANTS

New Delhi

CA Inter

View Details
Company
08 October 2026
Account Executive

Elite Taxation

New Delhi

CA Foundation

View Details
Company
16 September 2026
Internal Audit - Team Lead

Consulting & Beyond

Chennai

CA

View Details
Company
Featured 21 September 2026
Consultant - Reporting

Finrep Advisors LLP

Mumbai

CA

View Details
Company
ARTICLESHIP 18 September 2026
Industrial Trainee

Twenty Point Nine Five Ventures Private Limited

Noida

CA Inter

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details
Company
ARTICLESHIP 07 October 2026
Article Assistant

Malhotra Rajesh & Associates

New Delhi

B.Com

View Details
Company
06 October 2026
Assistant Manager - Audit and Compliance

Ravi K Jain & Co

Noida

Others

View Details