Taxability category - 'Execution of works contract' or 'Commercial & Industrial Construction'

[CA.Mohammed Lakkadsha]

A Civil contract in nature of Commercial and industrial construction involving transfer of material covered under works contract Act under MVAT Act. Whether the above services are taxable under 'Execution of works contract' or 'Commercial & Industrial Construction' ?

[Surender Gupta]

The captioned activity is taxable under "Execution of works contract" category.

AI Summary

Execution of works contract: Civil construction with material transfer treated as taxable as service tax under that category. A civil contract for commercial and industrial construction involving transfer of materials under the Works Contract regime is classified and treated as taxable under the category Execution of works contract rather than as Commercial & Industrial Construction.