Construction of Jail, Service Tax

[DEEPAK SHARMA]

Dear Forum

One of the my client is a contractor duly registered under service tax department, having a contract of construction of disctrict jail at allahabad, you are requested to guide me that whether service tax is applicable on the construction of jail as, it is government enterprises.  

Posts / Replies

[Pradeep Khatri]

Dear Deepak,

Since, construction of jail do not fall under the definition of :- 

 1) Commercial or Industrial Construction service and :

2) Construction of Residential complex, therefore, no service tax would be leviable on such construction.  

As the jail is used for keeping the criminals and convicts for punishments for their misdeeds and crimes and to keep them out of civilised society, therefore, such structure would not fall in the ambit of Civil Structure.  

Further, such structure would not be used for commerce and Industry.  Therefore, with reference to any building or structure, it is necessary to ascertain what is the primary intention/use/occupation and then it should be decided whether the building or structure would fall within the scope of the definition under the act.

The following buildings and structures will not fall with in the scope of the levy under Service Tax, namely:-

1. Housing complexes meant for residential purposes
2. Old age homes rund by state
3. Court Rooms/Court Complexes
4. Government Hospitals
5. Military Structures
6. Jails/Reformatories

Hence, construction of jail or reformatories are not liable to be taxed under Service tax laws, Finance Act, 1994.

Best Regards,

Pradeep Khatri