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Issue ID: 108401
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Service Tax Category

Date 10 Apr 2015
Replies3 Replies
Views 1816 Views
Service tax applicability on job work under excise movement challan: advisory view indicates non taxable treatment.
Whether service tax applies to plating job work done against an excise movement challan under the Cenvat rule for movement of inputs; the advisory response recorded is that service tax is not applicable, with a follow-up on classification (Works Contract versus Business Auxiliary) and a citation to a supreme court precedent dealing with related issues. (AI Summary)

The company (In Maharashtra)is engaged in doing platting work on the item provided by the client and also uses self-purchased raw materials on that item during process. This involves both Vat (8% WCT) and service tax under works contract.
Query is : If Job work is done against EXCISE CHALLAN FOR MOVEMENT OF INPUTS/PARTIALLY PROCESSED INPUTS/ CAPITAL GOODS Under CENVAT RULE 4(5)(a), then Service tax is applicable? If yes, What rate? and under which category : "Business Auxiliary" or "Works Contract". Please advice

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Replied on Apr 11, 2015
1.

In your case service tax is not applicable to you.

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Replied on Apr 11, 2015
2.

Thank you sir,

But category would be same as "Works Contract" ?

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Replied on Apr 11, 2015
3.

Dear Sanjay,

Please check following judgment in this regard.

M/s Maruti Suzuki India Ltd. vs. CCE, 2015 (3) TMI 784 Supreme Court.

Regards,

YAGAY and SUN

(Management, Business and Indirect Tax Consultants)

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