Leviability of service tax on construction of canals by Government agencies - reg.

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..... ability of service tax on construction of canals by Government agencies - reg. On a reference being received by the Board, two following issues were examined for a clear understanding of facts. The first is regarding leviability of service tax on construction of canals for Government projects. 1. As per section 65 (25b) of the Finance Act, 1994 "commercial or industrial construction servi .....

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..... r work intended for commerce or industry, but does not include such services provided in respect of roads, airports, railways, transport terminals, bridges, tunnels and dams. 2. Thus the essence of the definition is that the "commercial or industrial construction service" is chargeable to service tax if it is used, occupied or engaged either wholly or primarily for the furtherance of commerce or .....

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..... railways, transport terminals bridges executed through such turn-key or EPC mode. Hence works contract in respect of above works even if done through turn-key or EPC mode are exempt from payment of service tax Yours faithfully (Himanshu Gupta) Commissioner (Service Tax) - Circular - Trade Notice - Public Notice - Instructions - Office orders Tax Management India - taxmanagementind .....

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