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Applicability of service tax - work contract for laying out sewerage pipe line and water supply pipe

DINESH MITTAL

'A' dealing in work contract for laying out sewerage pipe line and water supply pipe lines for the local authority/M.C., whether the 'a' is covered under service tax or not.

Service Tax Exemption on Sewerage and Water Pipeline Contracts for Non-Commercial Use; Residential Projects Taxable. A discussion on the applicability of service tax to a work contract for laying sewerage and water supply pipelines for local authorities. It was queried whether such contracts fall under service tax obligations. One response indicated that if the activity is not for commercial or industrial purposes, such as for a municipal corporation, it is exempt from service tax. However, if the activity is part of a residential complex, it is subject to service tax. Another response suggested referring to a specific case for further guidance. (AI Summary)
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Dinesh Gupta on Dec 21, 2009
You may refer to reply submitted by Mr. Rama Krishana to the issue id=1637 as, "Where the nature of activity is in the nature of works contract the same is falling withing the clause zzzza. But is such an activity is not for a commercial or industrial purpose the same is out of purview of service tax e.g. for municipal corporation or local development authority. On the other side if such an activity is part of residential complex, the same shall be subject to service tax."
Guest on Dec 26, 2009
Case under citation 2009 -TMI - 33551 - CESTAT CHENNAI can also be referred in this case.
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