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Service Tax On Pre-2007 Composite Contracts

Published on Fri, Apr 10,2015 | 23:25, Updated at Fri, Apr 10 at 23:25Source : Moneycontrol.com 

The issue is whether Service tax would be leviable on the service element in a composite contract, prior to introduction of taxing entry for works contract services (i.e. for the period prior to June 01, 2007, whether Service tax is applicable on the service portion of a contract). The Larger Bench of the CESTAT, in a significant judgement [pronounced following a majority decision of 3:2] held that service elements in composite works contracts (involving transfer of property in goods and rendition of services), where the subject services are classifiable under the taxing entries of Commercial or Industrial Construction Service (‘CICS’), Construction of Complex Service (‘CCS’) or Erection, Commissioning and Installation Service (‘ECIS’), are liable to levy of Service tax, even for the period prior to introduction of the taxing entry for works contract services. Here is the ELP analysis of the decision…

Attachments : ELP Tax Alert - Tribunals LargerBench on Works Contract Service.pdf
 
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