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TMI BlogService Tax on Grass Cutting / Vegetatin Clearance ServicesX X X X Extracts X X X X X X X X Extracts X X X X ..... Service Tax on Grass Cutting / Vegetatin Clearance Services X X X X Extracts X X X X X X X X Extracts X X X X ..... uthroised manpower supply vendor registered with labour commission, service tax, EPF & ESI through tendering only. The contract amount will be 20 - 40 lakhs per annum for clearing vegetation from this govt land. Does this service come under service tax ambit or NOT?? Kindly mention any service tax rule or GoI letter or any authority as it is required for making the contract. Thanks for this kind o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f valuable services Reply By Arun Kumar Singh: The Reply: This services are exempt from service tax vide notification no. 25/2012-ST sub clause 12 of this notification. The services provided to the Government, a local authority or a governmental authority by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of (e) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pipeline, conduit or plant for (i) water supply (ii) water treatment, or (iii) sewerage treatment or disposal. Reply By hardik thacker: The Reply: Sir, Whether "Central Government "and "Central Government organisation" have same meaning for Service Tax purpose? In my view activity as explained in question may termed as "Agriculture Produce" and hence fall under th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ambit of "Negative List". So, Service Tax is not applicable on above activity. Reply By KASTURI SETHI: The Reply: There is a world of difference between the term, 'Central Government' and 'Central Govt. Organization'. Central Govt. Organization may not be fully Govt. Concern. So the question arises whether the organisation conforms to the definition of term,"Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ernment'. The definition of 'Government' in Service Tax has been amended w.e.f. 14.5.2015. What appears to me CGO referred by Sh.BS Raja Shekhar is not fully Govt. If it is not fully Govt., the question of exemption meant for Govt. under Notification No.25/12-ST (as amended) is not available to them (CGO). Secondly, Service being received by the CGO is Manpower Supply Agency and this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... service does not fall under Negative list or under any list of exempted services. This falls under Reverse Charge Mechanism. Hence 100% liability is upon Service Receiver and no exemption is available to this service under Notification No.25/12-ST as amended. If CGO is fully Govt. body, the whole liability would be upon the contractor. What kind of duty is performed by the manpower supplied by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Agency or contractor is secondary matter ? Primary question is whether service falls under the Manpower Supply or not.It depends upon the terms and conditions of the agreement executed between the CGO and the Contractor. So both agreement and definition should read together between the lines. Further I am of the opinion that grass cutting and vegetation clearance both are different and both do no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t fall under 'Agriculture' for the purpose of Service Tax. In order to arrive at correct decision, we will have to peruse the agreement executed between Contractor and CGO and also the status of CGO. Reply By KASTURI SETHI: The Reply: In continuation of my reply dated 17.9.2015, I further clarify and add as under:- (1) Pure labour cannot be classified under Works Contract Service. (2) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Whether the service is classified under,"Manpower Supply Agency" or not, it, inter alia, depends upon under whose control and supervision is the work force supplied by Contractor ? Mr.BS Raja Shekhar is to read the latest definition word for word vis-a-vis agreement. Pl. note that revenue loss can be caused by way of wrong classification i.e. wrongful abatement and adopting RCM wrongfu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly.
Reply By ganeshan kalyani:
The Reply: I agree with Kasturi sir. The financial impact is crucial to be taken care of while referring law.
Reply By KASTURI SETHI:
The Reply:
Sh.Ganeshan Kalyani Ji,
Thank you, Sir. X X X X Extracts X X X X X X X X Extracts X X X X
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