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Issue ID: 118286
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Service tax on Labour component by CCL

Date 15 Dec 2022
Replies 1 Reply
Views 1294 Views
Service tax valuation dispute: whether labour allocation or statutory abatement governs the taxable base and liability.
Dispute over the proper taxable value under service tax for a works contract registered party where the assessee treated a portion of the bill as labour component and the department contends valuation should be determined after applying the statutory abatement; the determinative question is whether direct allocation of labour or the prescribed valuation rule governs the taxable base, with advice to consult the Determination of Value rules and clarify the nature of the work. (AI Summary)

In a case of my client , CCL has given service tax @ 12.36 % on 25% of total bill amount , assuming that the 75 % of bill amount is for material component and 25% is labour component for the year 2014 -15 .Accordingly the return was filled . Now service tax department says that there is no such provision of service tax , and he has to pay service tax on 70 % i.e after abatement of 30% . The party is registered under works contract under service tax. Please advice ...

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