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        News and Press Release

        Applicability of service tax on laying of cables under or alongside roads and similar activities

        May 25, 2010

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        S.No.

        Activity

        Status

        1.

        Shifting of overhead cables/wires for any reasons such as widening/renovation of roads

        Not a taxable service under any clause of sub-section (105) of section 65 of the Finance Act,1994

        2.

        Laying of cables under or alongside roads

        Not a taxable service under any clause of sub-section (105) of section 65 of the Finance Act,1994

        3.

        Laying of electric cables between grids/sub-stations/transformer stations en route

        Not a taxable service under any clause of sub-section (105) of section 65 of the Finance Act,1994

        4.

        Installation of transformer/ sub-stations undertaken independently

        Taxable service, namely Erection, commissioning or installation services [section 65 (105] (zzd].

        5.

        Laying of electric cables up to distribution point of residential or commercial localities/complexes

        Not a taxable service under any clause of sub-section (105) of section 65 of the Finance Act,1994

        6.

        Laying of electric cables beyond the distribution point of residential or commercial localities/complexes.

        Taxable service, namely commercial or industrial construction' or 'construction of complex' service [section 65(105) (zzq)/(zzzh)], as the case may be.

        7.

        Installation of street lights, traffic lights flood lights, or other electrical and electronic appliances/devices or providing electric connections to them

        Taxable service, namely Erection, commissioning or installation services [section 65 (105] (zzd].

        8.

        Railway electrification, electrification along the railway track

        Not a taxable service under any clause of sub-section (105) of section 65 of the Finance Act,1994

         

        Full text of circular:

        23/5/2010-TRU - dated - 24-05-2010

        Service tax applicability on laying of cables clarified: installation and construction activities attract tax, routine cable laying does not. Service tax applicability is split: non taxable activities include shifting overhead cables, laying cables under/along roads, laying between grids en route, laying up to distribution points, and railway electrification; taxable activities include independent installation of transformers/sub stations and installation of street/traffic/flood lights as Erection, commissioning or installation services, and laying cables beyond distribution points for commercial/industrial localities as construction services.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Service tax applicability on laying of cables clarified: installation and construction activities attract tax, routine cable laying does not.

                                Service tax applicability is split: non taxable activities include shifting overhead cables, laying cables under/along roads, laying between grids en route, laying up to distribution points, and railway electrification; taxable activities include independent installation of transformers/sub stations and installation of street/traffic/flood lights as Erection, commissioning or installation services, and laying cables beyond distribution points for commercial/industrial localities as construction services.





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                                ActsIncome Tax
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