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632 views • Question added May 17, 2011 • Service Tax • By S GOYAL & ASSOCIATES , CA , NEW DELHI


A cotractor has taken a contract for construction of housing for below poverty line (BPL) people for a state of Housing Board. The housing board is constructing these houses for BPL people at no profit no loss. Whether the contractor is liable for service

2 Answers

answered May 19, 2013 by Vikash Kumar Jha , Cuttack

If construction of building for the purpose of commercial and industrial nature then service tax applicable but not in case of charitable. Here you are making the house for no profit no loss. If it is for charitable then no applicable.


answered Oct 01, 2013 by Vaneet Gupta , Delhi

Applicable


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Deo nandan jha

18-May-2011 , 01:19:33 am

Service tax leviable on constraction contract only if constraction of building or structure for commerce and industry. Through MF(DR) Circular No. B2/8/2004 dated 10-9-2004 clarifies that constraction which are for charitable purpose.. threfore there is no service tax .. You must consider Construction for BPL is not for Commercial or industrial. If you satisfy with my answer you acn mail me at: cadnjha2010@gmail.com

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CA Richa Gupta

02-Jun-2011 , 12:16:14 am

yes. service tax is not chargeable on income, rather it is chargeable if any taxable service is provided. hence he shall be liable to pay ST.

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ca nitin

18-Jun-2011 , 04:41:35 am

before solving ur queries i would take an assumption that contractor earn profit not for charitable purpose so on him service tax applicable but he make residential complexes so he get some abatement

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