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Road contractor is liable to pay Service tax

kunal kumar (PAID ASSISTANT) (32 Points)

17 December 2019

is service tax is payable by road contractor for F.Y 2014-15 to 2017-18

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CA Abhishek Pal (CA Practice) (60 Points)
Replied 17 December 2019

Hi Kunal

Based on Exemption Notification no. 12/2012, serial no. 13, service provided by road contractor to government department was exempt from service tax. Below notification is reproduced for your perusal.

13. Services provided by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of,-

(a) a road, bridge, tunnel, or terminal for road transportation for use by general public;

(b) a civil structure or any other original works pertaining to a scheme under Jawaharlal Nehru National Urban Renewal Mission or Rajiv Awaas Yojana;

(c) a building owned by an entity registered under section 12 AA of the Income tax Act, 1961(43 of 1961) and meant predominantly for religious use by general public;

(d) a pollution control or effluent treatment plant, except located as a part of a factory; or

a structure meant for funeral, burial or cremation of deceased;