Interior Deocrators Service Category

This query is : Resolved

CA Sanjay Baheti (Querist)
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16 February 2011 Dear All,

I would be obliged if you solve the following queries of mine regarding Service Tax.

1. Whether an interior decorator and furniture contractor doing furniture and fixture work such as wooden partition, ceiling, window, door, paneling, kitchen units and fixed cupboards is entitled for abatement under construction services.

2. Whether POP contractor and painting contractor will be entitled for abatement if POP & painting work is carried out after carrying out interior work and after taking possession from builder. If answer is yes then how to prove that it was not a competion and finishing services.

3. What remedy service provider has when he has availed abatment and filed returns for which he was not entitled to to avoid penal action.

Please clarify my doubts.

VIPIN KUTUMBALE

VIPIN KUTUMBALE (Expert)
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18 February 2011
(25b)

“commercial or industrial construction service” means —

(a) construction of a new building or a civil structure or a part thereof; or

(b) construction of pipeline or conduit; or

(c) completion and finishing services such as glazing, plastering, painting, floor and wall tiling, wall covering and wall papering, wood and metal joinery and carpentry, fencing and railing, construction of swimming pools, acoustic applications or fittings and other similar services, in relation to building or civil structure; or

(d) repair, alteration, renovation or restoration of, or similar services in relation to, building or civil structure, pipeline or conduit, which is —

(i) used, or to be used, primarily for; or

(ii) occupied, or to be occupied, primarily with; or

(iii) engaged, or to be engaged, primarily in,

commerce or industry, or work intended for commerce or industry, but does not include such services provided in respect of roads, airports, railways, transport terminals, bridges, tunnels and dams

therefore all finishing jobs can not avail benefit of abatement of 33% & 67%,

however your client can avail benefit of material sold to the customer under notification 12/2003

(30a) “construction of complex” means —

construction of a new residential complex or a (a) part thereof; or completion and finishing services in relation (b) to residential complex such as glazing, plastering, painting, floor and wall tiling, wall covering and wall papering, wood and metal joinery and carpentry,
fencing and railing, construction of swimming pools, acoustic applications or fittings and other similar services; or repair, alteration, renovation or restoration (c) of, or similar services in relation to, residential complex;

(91a)

“residential complex” means any complex comprising of—

(i) a building or buildings, having more than twelve residential units;

(ii) a common area; and

(iii) any one or more of facilities or services such as park, lift, parking space, community hall, common water supply or effluent treatment system, located within a premises and the layout of such premises is approved by an authority under any law for the time being in force, but does not include a complex which is constructed by a person directly engaging any other person for designing or planning of the layout, and the construction of such complex is intended for personal use as residence by such person.

Explanation. — For the removal of doubts, it is hereby declared that for the purposes of this clause, —

(a) “personal use” includes permitting the complex for use as residence by another person on rent or without consideration;

(b) “residential unit” means a single house or a single apartment intended for use as a place of residence;