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Claim of Service tax on Construction of Building

Bhairob Chandra Bor

Dear Sir,

Can you please advice for whether service tax cab be availed on service tax paid against construction of building through contractor. we have started to make a factory cum office building. cost breakup are Structure/Civil Rs.5.5 Cr, Electrical ,furniture and interior Rs.5.0 Cr. Also advice for who is liable to deposit the said service tax to the government.

Thanks & Regards

BCB 

Service Tax Liability on Construction: Service Provider Primarily Liable; Service Receiver Pays 50% if Provider is Non-Corporate. A user inquired about the applicability and responsibility of service tax on the construction of a factory and office building, with a cost breakdown of Rs. 5.5 crore for structure/civil work and Rs. 5.0 crore for electrical, furniture, and interior work. The response clarified that the service provider is primarily liable for the service tax. However, in a works contract where the service provider is not a corporate entity, the service receiver must deposit 50% of the tax due. No credit is available on construction, but credit may be available for separately billed machinery installation. (AI Summary)
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