Works contracts service for publicsector oil marketing cos

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WE ARE A REGISTERD PARTNERSHIP FIRM IN AP STATE, WE ARE TWO PARTNERS AND WE ARE SELF EMPLOYED ENGINEERS THRU THIS FIRM. WE ARE DOING DIFFERENT ENGINEERING WORKS CONTRACTS FOR OIL MARKETING COMPANIES viz.,M/s.BHARAT PETROLEUM CORP LTD, INDIAN OIL, HPCL..., MAINLY WE ARE CONSTRUCTING NEW PETROL BUNKS, WE ERECTING THE M.S. IRON/STEEL PREFAB CANOPY SHED STRUCTURES , WE ARE LAYING THE PIPELINES AND FUEL STORING TANKS IN THE (RETAIL SALES) PETROL BUNKS AND WE ARE ALSO DOING THE REPAIR WORKS OF CIVIL, MECHANICAL NATURE.  TOTALLY OURS IS A CHOU CHOU TYPE OF ALL IN ONE WORK PATTERN ( CAN BE CALLED AS COMPOSITE TYPE WORK ? ) . IN THIS CLUMSY CONDITION THE PRINCIPALS BEING THE PUBLIC SECTOR GIANTS , THEY WILL NEVER ANSWER IN A STRIGHT AND PLAIN MANNER TO THE QUESTIONS WE RISE BEFORE THEM ( ESPECIALLY PEOPLE SITTING IN CHENNAI SOUTH ZONE OFFICE/s ), REGARDING SO MANY UNRESOLVED PREMITIVE QUESTIONS TREGARDING DIFFERENT TAX PROBLEMS ESPECIALLY ABOUT SERVICE TAX AND THE VAT TAX.

  NOT WITHSTANDING ALL THE ABOVE, I WOULD LIKE TO ASK ALL THE SERVICETAX-SUBJECT EXPERTS IN THE CACLUB  THAT, WHAT IS THE PRESENT RATE OF SERVICE TAX FOR WORKS CONTRACTS BE IT A ORIGINAL WORK or A REPAIR WORK or OTHER WISE . AS A REGISTERED PARTNERSHIP FIRM HOW MUCH % OF SERVICE TAX WE HAVE SHOW IN OUR INVOICE/ BILL AND HOW MUCH % WILL BE PAID BY THE CONTRACTEE / SERVICE RECEPIENT.  IS THERE ANY SERVICETAX RULE / NOTIFICATION THAT BINDS THE COTRACTEE FOR PAYING HIS PORTION OF SERVICE TAX WITHIN THE STIPULATED TIME EVERY MONTHLY and  IF THE CONTRACTEE FAILS TO PAY HIS PORTION OF SERVICE TAX  (Pertaining to that particular Bill/Work), WILL THERE BE ANY REPERCUSSION/Aftermathaftermath TO THE INNOCENT SERVICE PROVIDER ? BY THE SERVICETAX AUTHORITIES. IS THERE ANY CERTIFICATE OF PAYMENT ( LIKE THE  Form 16A and/or 26AS and/or 27AS in the Indian Income tax Act ) TO BE SENT BY THE CONTRACTEE TO THE CONTRACTOR Or A SERVICTAX RULE/Notification DIRECTING THE CONTRACTEE/SERVICE RECEPIENT TO PROVIDE THE PROOF OF TAX PAYMENT TO THE SERVICE PROVIDER. THESE ARE SOME OF THE QUERRIES WHICH A WORKS CONTRACTOR WILL BE GETTING IN THE PETROLEUM SECTOR, HENCE IT WILL BE A GREAT HELP TO ALL THE THOUSNDS OF PETROLEUM SECTOR CONTRACTORS , IF A PROPER AND DIRECT ANSWERS ARE GIVEN TO THE ABOVE QUERRIES. KINDLY HELP ALL OF US , MY DEAR FRIENDS. THANKS IN ADVANCE, REGARDS

                                                                             -------------------- SATYANARAYANA

Replies (2)

Dear Sir,

Your query seems to be very exhaustive, hence humbly request you to either cut is short or consult an expert in this matter.

Dear Sir,

Actually in petroleum industry RFQs contain both supply and service. Here you are having three categories of works contract. The seprate percentage of service is given below:-

For original work- service portion is 40% of total bill amount

For repair, maintainance  of movable things- service portion is 70% of total bill amount

For repair, maintainance  of immovable things- service portion is 60% of total bill amount

When you are constructing any new tank or laying pipeline it is covered under original work. You are also to charge service tax on free issue material provided by PSU.

Example for your problem. Total Bill amount- Rs. 100 Abated value of service- Rs.40 ( I have assumed 40% category is applicable in your case) Service Tax portion payable to service Provider-Rs. 2.472 Service Tax portion payable under RCM -Rs. 2.472 ( This amount you are to paid under RCM)

Read more at: /forum/details.asp?mod_id=265544&offset=1

You are a partnership firm so RCM is applicable on you. By giving a example i will try to make you understand how you should charge Service tax from PSU.

Example:-

Total Bill amount- Rs. 100

Abated value of service- Rs. 40 ( I have assumed rate of 40% is applicable in your case)

Service tax portion charged by you from PSU - Rs.2.472 ( This is answer of your problem)

Service tax portion payable by  PSU under RCM - Rs.2.472

Note:- You are only responsible for your tax liability. PSU is only responsible for thier tax liability under RCM.

 

CONSTRUCTING NEW PETROL BUNKS, WE ERECTING THE M.S. IRON/STEEL PREFAB CANOPY SHED STRUCTURES , WE ARE LAYING THE PIPELINES AND FUEL STORING TANKS IN THE (RETAIL SALES) PETROL BUNKS

Read more at: /forum/works-contracts-service-for-publicsector-oil-marketing-cos-265694.asp
CONSTRUCTING NEW PETROL BUNKS, WE ERECTING THE M.S. IRON/STEEL PREFAB CANOPY SHED STRUCTURES , WE ARE LAYING THE PIPELINES AND FUEL STORING TANKS IN THE (RETAIL SALES) PETROL BUNKS

Read more at: /forum/works-contracts-service-for-publicsector-oil-marketing-cos-265694.asp


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