One of our client is a Modular Kitchen Contractor for new constructions only.
His contract terms include Complete Supply, fabrication, assembling, installation of Modular Kitchen at Site for a Contract Price (Composite price incl. Labour and Material - no breakup).
Location - Maharashtra
Purchase - No breakup of Contract wise Labour is available, hence difficult to adopt Actual Deduction Method. Purchase of Materials are 90% towards 12.5% items and 10% towards 5% items
MVAT Option adopted - Standard Deduction @ 25% towards Labour portion. 75% taxable value for material for payment of VAT
Query: 1. For Service Tax purpose, can we consider this 25% of Std. deduction of VAT as labour charges and pay Service Tax @ 12.36% on the same ? 2. Whether the Material Value i.e. 75% on which VAT has been paid can be considered as Actual Material Value for deduction in the light of Rule 2A - Determination of Tax. Value for Works Contract 3. If no, kindly advise the best method under VAT and Service Tax to have minimum tax liability 4. What is the VAT Rate to be charged on Modular Kitchens under WC for Mahrashtra ?
please advise at the earliest Many Thanks for your response
24 May 2014
In Maharashtra the standard deduction of 25% labour is allowed. On the 75% break up of various material consumed,including profit,is to be done and vat is to be charged at the respective rates. Regarding ST actual labour expenses,if it can be properly accounted in detail,as rule 2A(as quoted by you) can be taken as taxable value. If this is not possible,or it leads to doubts and controversies,40% of the total receipts can be taken as taxable amount for ST.....mjk
24 May 2014
Thanks for clarification sir. VAT issue is resolved. However, for ST purpose the question remains 1. Can we take this as 40% of total receipt, as modular kitchen contract is for new works, but the its is not a construction Contract. So will it fall under 40% Taxable Category or 60% - pls advise
2. Rule 2A says Total contract less actual material value. Can we consider Material value arrived under VAT ( as per Std. deduction method) for deduction and pay service tax on balance.
25 May 2014
For original works 40% of the receipts is the formula for calculating taxable amount.In other cases such as repair,finishing,polishing etc,with less material supply 60% of receipts is to be taken for estimating the taxable amount.Modular kitchen involves wood work,masonry,laying and supply of tiles,painting etc. Hence it is a original works contract.There is no direct link between VAT and ST laws.Each have their own rules......mjk
26 May 2014
Thanks again sir for clarifying the position.
Doubt here is Will the ST department accept Modular kitchen work ( like wood, mansonry, painiting, assembling) etc. as New constructions to justify as "Original Works" and avail benefit of 40%. We are doing all modular kitchen work only for New construction projects only, however this per se is not a Construction Activity.
Kindly help with relevant notification/circular which can be used to support 40% Original Work Claim.
As practically, ST department can argue that above modular kitchen work may be for the New Construction building, but does not fit in the definiation of Original Work and would force to pay based on 60% - Other works
Your thoughts in the matter would be highly appreciated sir.
CAclubindia
