Nathan Ltd. gives a works contract to Samy Ltd. for a gross consideration of ₹12,00,000 (excluding all taxes). As per the terms of the contract, all the materials and labour required for the contract are to be supplied b
CS Professional · Advanced Tax Laws and Practice · PYQS · December 2016
Nathan Ltd. gives a works contract to Samy Ltd. for a gross consideration of ₹12,00,000 (excluding all taxes). As per the terms of the contract, all the materials and labour required for the contract are to be supplied by Samy Ltd. and Nathan Ltd. accepted to supply certain other materials. Samy Ltd. provides the following particulars with regard to the works contract: ₹ Fair market value of materials supplied by Nathan Ltd. 2,50,000 Actual amount charged by Nathan Ltd. for the materials including VAT 1,50,000 Excise duty paid on inputs used for the contract 16,000 Excise duty paid on capital goods purchased and used for the contract 8,000 Service tax paid on input services 11,000 If the rate of service tax is 14%, compute the service tax liability.
Answer & Explanation:
Computation of Service Tax Payable Particular Amount (in ₹) Gross Consideration (a) 12,00,000 FMV of materials supplied by contractee (b) 2,50,000 Less: Amount Charged by contractee (c) (1,50,000) Total Value of Contract (d=a+b-c) 13,00,000 Value of Service Portion (70%) i.e. ₹13,00,000 * 70% 9,10,000 Service Tax @ 14% 1,27,400 Less: Input Tax Credit: Service Tax Paid ₹11,000 Excise duty paid on capital goods @ 50% * ₹8,000 = ₹4,000 (15,000) Net Service Tax Payable 1,12,400 Notes: No CENVAT Credit is allowed on the Excise duty paid on input used for works contract. It is presumed that the works contract is NOT original work. If it is taken as original work, it will be 40% of ₹13,00,000. Only 50% of duty paid on capital goods has been taken as cenvat credit on the assumption that the works contract has been completed within first year of bringing in the capital goods. Note: As per Rule 2A (ii) of Valuation Rules, 2006 when details of labour and other service charges are not available, value of services shall be computed under composition scheme at a fixed percentage of contract price.
Topics: Indirect Tax
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