Works contract service classification determines subcontractor exemption eligibility and tax treatment under service tax law.
Classification of a composite contract as a works contract fixes service tax on its service portion despite deemed sale treatment for goods; statutory exemptions apply to certain works contract services provided to governmental entities, and a specific exemption covers subcontractors only if the main contract is a works contract, is itself exempt, and the subcontractor performs works contract (not mere labour). In back-to-back arrangements tribunals have held the main contractor may not qualify as a works contractor when it wholly subcontracts performance, affecting subcontractor exemption eligibility. (AI Summary)
Classification of a composite contract as a works contract fixes service tax on its service portion despite deemed sale treatment for goods; statutory exemptions apply to certain works contract services provided to governmental entities, and a specific exemption covers subcontractors only if the main contract is a works contract, is itself exempt, and the subcontractor performs works contract (not mere labour). In back-to-back arrangements tribunals have held the main contractor may not qualify as a works contractor when it wholly subcontracts performance, affecting subcontractor exemption eligibility. (AI Summary)
TaxTMI 