Maintenance and repair of roads are taxable services, while road construction activities are treated separately under exclusion. Levy of service tax on road-related activities distinguishes construction from management, maintenance or repair: construction of roads is excluded from the commercial construction service, while management, maintenance or repair of properties (including roads) is taxable. The Circular classifies maintenance/repair to include resurfacing, renovation, strengthening, relaying and pothole filling, and classifies construction to include laying new roads, widening existing roads and changing road surface type; assessments should follow this classification and appropriate notices be issued.
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Provisions expressly mentioned in the judgment/order text.
Maintenance and repair of roads are taxable services, while road construction activities are treated separately under exclusion.
Levy of service tax on road-related activities distinguishes construction from management, maintenance or repair: construction of roads is excluded from the commercial construction service, while management, maintenance or repair of properties (including roads) is taxable. The Circular classifies maintenance/repair to include resurfacing, renovation, strengthening, relaying and pothole filling, and classifies construction to include laying new roads, widening existing roads and changing road surface type; assessments should follow this classification and appropriate notices be issued.
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