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Comments

(Rupang J Desai) Posted On: 14 Sep, 2012

Res.Sir, we have executed EPC contract with IOCL-Orissa in which , recently IOCL has directly made payment to our sub contractor on behalf of us. work completion is prior to July-12 , bill raised in Sep-12 in which his classification of service is construction service and he is proprietor. Pls guide me the service tax implication if material and labour both are involved

Firstly you have not provided information completely. The date of payment is missing. Secondly, all are dependent upon point of taxation i.e. which rate is applicable; category of service etc will be depend upon point of taxation. According to Rule 4 of Point of taxation rules:- In case there is change effective rate (including change in abatement also):--- When service has been provided before change in effective rate of tax, invoice is issued after such change and also payment is received after the change then point of taxation will be ‘date of payment or date of issuing invoice whichever is earlier’. As in your case there is change in effective rate i.e. changes under work contract service. Therefore point of taxation will be date of payment or date of issuing invoice whichever is earlier. Accordingly service tax will be computed as per provisions of work contract service.
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