Stitching by tailor- service tax or excise duty ?

Service tax should be levied in my opinion...

Hi Himanshu pls read page 3 of the attached file. Mr.V.S.Datey has given his opinion on this issue there. Hope it helps..

P.S.Dont know whether the attached file has taken into account the recent amendments in excise and service tax. I amnt well-versed in idt topics and so cant give my own take on the issue. On reading ur query, I thought of googling on this topic and got this file. Hope it helps.. 

Originally posted by : Jithin
	Hi Himanshu pls read page 3 of the attached file. Mr.V.S.Datey has given his opinion on this issue there. Hope it helps..   P.S.Dont know whether the attached file has taken into account the recent amendments in excise and service tax. I amnt well-versed in idt topics and so cant give my own take on the issue. On reading ur query, I thought of googling on this topic and got this file. Hope it helps..

Hi jithin, Thanks..

Extract from the attached file

" We are tailors. When we receive cloth from customers, we cut the loth as per 
dimensions and give them to skilled workers for stitching on job work basis. We then 
supply the stitched cloths to our customers, putting mark of our shop. Is there any 
liability of service tax or excise duty? 

Your job workers will not be liable. Even your activity will not be subject to service tax, 
since stitching cloth is ‘manufacture’ and hence outside the service tax net. Further, 4 
readymade garments are subject to excise only if they are branded. Putting your house mark 
is not ‘branding’ of goods.   "

This is what I was mentioning in my query. Its manufacture its confirmed, so its out of levy of service tax.Also, Excise duty is exempt if the clothes are stitced at retail tailoring shops(unbranded).

So, there is no service tax.Beingh manufacture, it is covered by excise, but it is also exempt.

This is the legal support for exemption from excise duty :

https://www.cbec.gov.in/ub1112/dojstru1.pdf

Refer para 3.5 of the link given.

"Note 12 of Chapter 61 and Note 11 of Chapter 62 already prescribe that certain processes 

such as affixing a brand name on a product, labeling or re-labeling of containers etc. shall be 
processes amounting to manufacture. A similar note (Note 5) is being added to Chapter 63. As for 
the valuation of these goods, tariff value has already been fixed at the rate of 60% of the retail sale 
price in terms of notification No.20/2001-CE (NT) dated 30th April, 2004. This provision is being 
extended to goods of Chapter 63 as well. It may be noted that SSI exemption is being extended to 
the goods attracting this levy. This is being implemented through a suitable amendment in item 
(xxvi) of the Annexure to notification No.8/2003-CE dated 1.3.2003. Although this should take 
care of small manufacturers, it may be made abundantly clear to the field formations that the levy 
does not apply to retail tailoring establishments that stitch garments in a customized manner to the 
size and style specifications of individual customers, whether out of fabric purchased by the 
customer from the same establishment or fabric supplied by the customer. "

No Central Excise duty on tailoring as per Board's Circular No.334/8/2016-TRU dated 29.2.16 (Para no.3.1.2). The aspect of ST being examined.

courtesy:

https://www.taxmanagementindia.com/web/View_discussions_detail.asp?ID=110641&kw=service-tax-tailoring-activity