Applicability of wct & service tax

This query is : Resolved

skumar b (Querist)
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22 August 2014 Sirs, I have a query on calculation on WCT. We placed works contract order on a contractor for Rs.100/- (contractor quote is also Rs.100). while releasing the purchase order, we considered basic value as Rs.100 and 4.944% service tax. also in terms and conditions, we mentioned that the unit rate include WCT. WCT shall be deducted in the running account bills as per the prevailing rate if 3%. Now kindly clarify whether we have to pay service tax on Rs.100 or on Rs.97 (ie basic value rs.100 less WCT-TDS) Thanks Suresh

skumar b

skumar b (Querist)
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02 September 2014 Dear Experts,
Please help to resolve

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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14 July 2024 Based on the information provided regarding your works contract order and the inclusion of WCT (Work Contract Tax), here's the clarification regarding Service Tax and WCT:

1. **Service Tax Calculation:**
- Service Tax is applicable on the taxable value of the service provided. In your case, the taxable value is Rs. 100 as per the contract amount.
- Therefore, Service Tax should be calculated on Rs. 100 at the applicable rate of 4.944%.

2. **WCT Deduction:**
- WCT (Work Contract Tax) is typically deducted at source (TDS) by the recipient of the works contract services.
- As per your terms, WCT will be deducted at the rate of 3% from the running account bills.

3. **Calculation Example:**
- Suppose your service tax rate is 4.944%.
- Service Tax Amount = 4.944% of Rs. 100 = Rs. 4.944.

4. **Final Payment Calculation:**
- You will pay the contractor the basic value of Rs. 100.
- Service Tax payable to the government will be Rs. 4.944.
- WCT-TDS will be deducted from the running account bills at the rate of 3% of Rs. 100, which is Rs. 3.

5. **Answering Your Specific Query:**
- Service Tax should be calculated on the basic value of Rs. 100 (the contract amount) before deducting WCT-TDS.
- Therefore, you will pay Service Tax on Rs. 100, not on Rs. 97 (after deducting WCT-TDS).

In summary, you are required to pay Service Tax on the full contract amount of Rs. 100. The deduction of WCT-TDS at 3% will apply separately and will be deducted from the running account bills as per the terms of your contract.

For precise calculations and compliance with tax regulations, it's recommended to consult with a tax advisor or accountant who can review the specific terms of your contract and ensure accurate tax treatment.

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