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Issue ID: 1105
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Applicability of Works Contract scheme

Date 18 Apr 2009
Replies 1 Reply
Views 1277 Views
Asked by
Works contract classification: AMC maintenance services are not works contracts, so composite rate cannot be applied.
Maintenance, management and repair services under AMCs for air conditioning units are not works contract services and cannot be taxed under the composite works contract rate. Materials supplied in an AMC may be deducted under Notification 12/2003 subject to conditions, and VAT paid on the AMC can permit an exemption up to the VAT amount. (AI Summary)

Annual maintanence of Air condition units which consists of 50% labor and 50% supply of spares. Whether this can be treated as WORKS CONTRACT and can opt for composition and can collect and pay service tax @ 4%

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