Liability of Service Tax on construction on Railway

[PRAVIN GUPTA]

Reg.Liability of Service Tax on construction on Railway siding under COMMERCIAL OR INDUSTRIAL CONSTRUCTION SERVICES. The service tax provides exemption to 'Railway' from the levy of services tax undser the chaper COMMERCIAL OR INDSTRIAL CONSTRUCTION SERVICES A number of large industrial units are constructesd Railway siding to facilitate movement of goods from the nearest Railway station to their Godown etc located in the factory. I would like to share the experience of my colleague, to inform me whether service tax on the above activity will be exempted and the reasoning thereof. P.K.GUPTA E-mail address: [email protected]/ office phone No.0120-2410378

[Rama Krishana]

Before, that first of all you must consider that is it in the nature of works contract or pure labour contract. Further, as you have stated in the query that the railway sidings are being constructed by the industrial units to facilitate movement of goods from the nearest railway station to their go-down etc. located in the factory, I failed to under stand that in what manner such facility can be held as related to railway. As long as such facility is in relation to railway the same would be exempt. The issue is to decide the nature of facility. If the facilities are undertaken for or on behalf of Railways, yes it may be held as related to railway. But, if railway is not concerned, the same can not be held as related to railways.

[pooja Desai]

Please give me notification number for exemption related railway work.

AI Summary

Service tax exemption for railway-related construction depends on whether work is for or on behalf of the railway. Whether construction of a railway siding attracts service tax under Commercial or Industrial Construction Services depends on (1) whether the engagement is a works contract or a pure labour contract and (2) whether the works are undertaken for or on behalf of the railway or are otherwise properly characterised as railway-related; works executed solely for an industrial unit's internal needs without being for or on behalf of the railway will not qualify for the railway-related exemption.