Applicability of service tax on activities undertaken at mines prior to enactment of the Finance Bill, 2007

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Dear Friends

As letter F.No. 232/2/2006-Cx.4, Government of India, Ministry of Finance, Department of Revenue, Central Board of Excise and Customs dated 12.11.2007 regarding subject "Applicability of service tax on activities undertaken at mines prior to enactment of the Finance Bill, 2007 "

As per the finance bill 2007, mining activity is included under the service tax net but the above mentioned letter is including mining activity under site formation, clearance, axcavation and earthmoving demolition service which was effective from 16.06.2005.

The brief of the letter is as under

"These activities are essentially in the nature of  site formation, clearance, escavation and earth moving. As the definition of site formation and clearance, excavation and earthmoving and demolition service is an inclusive definition and activities specifically mentioned are indicative and not exhaustive. Prior to construction of buildings, factory or any civil structure, activity of mining or clearance, excavation and earth moving or levelling are normally undertaken for a consideration to make the land suitable for such activities.  Such services include blasting and rock removal work, clearance of underground, drilling and boring, overburden removal and other development and preparation services of mineral properties and site, and other similar excavating and earth moving services.  Hence, these activities are taxable under the category of site formation and clearance, excavation and earthmoving and demolition service w.e.f. 16.6.2005.


Hence all the mining  activity is  already covered under "
site formation, clearance, axcavation and earthmoving demolition service which was effective from 16.06.2005" then why the department intruduced the mining activity through finance bill-2007"

My question is "mining activity should be covered under "site formation, clearance, axcavation and earthmoving demolition service which was effective from 16.06.2005"  or not???

Kindly provide us your valuable views.

Regards
Ajay Garg
Replies (2)

WHERE A PARTICULAR SERVICES ARE SPECIFICALLY MADE TAXABLE FROM A PARTICULAR DATE IT MEANS THE SAID ACTIVITY WAS NOT TAXABLE BEFORE THAT DAY.  MINING IS A SPECIFIC FUNCTION WHICH INVOLVES VARIOUS MINOR ACTIVITIES UNDER IT LIKE EXCAVATION ETC., IF MINOR OPERATIONS ARE ANY WAY TAXABLE BEFORE 01.06.2007 IT DOES'NT MEAN THAT THAT MINOR PART WAS TAXABLE SPECIFICALLY; AND NOW IT HAS BEEN TAXABLE COMPREHENSIVELY UNDER THE MAJOR ACTIVITY I.E. MINING SERVICES. 

WHERE A PARTICULAR SERVICES ARE SPECIFICALLY MADE TAXABLE FROM A PARTICULAR DATE IT MEANS THE SAID ACTIVITY WAS NOT TAXABLE BEFORE THAT DAY.  MINING IS A SPECIFIC FUNCTION WHICH INVOLVES VARIOUS MINOR ACTIVITIES UNDER IT LIKE EXCAVATION ETC., IF MINOR OPERATIONS ARE ANY WAY TAXABLE BEFORE 01.06.2007 IT DOES'NT MEAN THAT THAT MINOR PART WAS TAXABLE SPECIFICALLY; AND NOW IT HAS BEEN TAXABLE COMPREHENSIVELY UNDER THE MAJOR ACTIVITY I.E. MINING SERVICES. 


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