Reverse Charge- On work Contract

[Sanjeev Sharma]

Under reverse charge mechanism, 50% service tax is to be paid be contractee.

As per Section 65B(54) 'works contract' means a contract wherein transfer of property in goods involved in the execution of such contract is leviable to tax as sale of goods and such contract is for the purpose of carrying out construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, alteration of any movable or immovable property or for carrying out any other similar activity or a part thereof in relation to such property”

 

In view of above whether contractee  have to pay service tax under reverse charge mechanism on expenses like vehicle repair expenses , computer maintenance, plant & machinery repair  , supply of food, printing of office stationery ext. 

[CA Rachit Agarwal]

Contractee would be required to pay 50% of the service tax payable vide notification no15/2012 dated 17th March 2012.

AI Summary

Reverse Charge Mechanism: Contractee Must Pay 50% Service Tax on Works Contracts per Notification 15/2012. Under the reverse charge mechanism, the contractee is responsible for paying 50% of the service tax on a works contract. This includes contracts involving construction, repair, maintenance, and similar activities related to both movable and immovable property. A query was raised about whether this applies to expenses such as vehicle repair, computer maintenance, and other similar costs. The response clarified that the contractee is indeed required to pay 50% of the service tax as per notification no. 15/2012 dated 17th March 2012.