Liability of service tax - RCM - The contract envisages services ...

RIL must pay service tax for services by Aker Malaysia under RCM for project and production stages.

February 21, 2022

Case Laws     Service Tax     AT

Liability of service tax - RCM - The contract envisages services required to be provided to RIL, both at the project stage at which stage a support base was required to be set up as well as an ongoing basis when the oil and gas production was to commence. The reference to ‘support base‘ is to a repair yard where tools, spares, parts and testing equipments have to be kept and maintained. It is not in reference to a ‘project office‘ or any ‘fixed establishment‘. It would not be appropriate to read the word ‘established‘ as ‘establishment‘ - the inevitable conclusion that emerges from the above discussion is that RIL, as the service recipient, was required to discharge service tax liability on a reverse charge mechanism on the services provided by Aker Malaysia to RIL - AT

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