Applicability of Service tax

[MANASH MUKHERJEE]

Dear Sir,

One assessee is doing fabrication work and accordingly paying central excise duty.The same asseessee while doing fabrication work in a cement factory , the department of CBEC issued SCN. The ground of SCN was that the assessee is providing service to the cement factory under the category of ' erections , commissioning and installation service' and shold pay service tax. Please guide which view is correct ?

[MUKUND THAKKAR]

Sir,

if fabricator doing work in factory under works order taking delivery of raw material as site (cement factory) than service tax is applicable under category of erection,,commissioning and installation service.

if fabricated items delivery from factory in such case excise is applicable. erection and commissioning in scope of supplier than service tax is also applicable in such services.

AI Summary

Fabrication Worker Challenged on Service Tax Obligation for Erection, Commissioning, and Installation Services Under CBEC Notice An assessee involved in fabrication work, who pays central excise duty, received a show cause notice from the CBEC while working in a cement factory. The notice claimed that the assessee's work falls under 'erection, commissioning, and installation service,' thus requiring payment of service tax. The response clarified that if the fabrication work involves delivery of raw materials to the site, service tax applies under the specified category. However, if the fabricated items are delivered from the factory and erection and commissioning are within the supplier's scope, service tax is also applicable.