Tax, Legal and Commercial Imperatives, June 2006, Mumbai - BMR ...

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DISCUSSION ON – IMPACT OFDAELIM AND CURRENTDEVELOMENTSInsert picture from stock hereEPC CONTRACTS – SERVICE TAX AND ITS APPLICABILITY| 4
DAELIM ERA – APPLICABILITY OF SERVICE TAX ONTURNKEY SCOPESBrief recap• Service tax was sought to be applied on residual process design and detailedengineering, commissioning of plant under the category of consulting engineer’sservices• Contentions were-It was a construction contract – did not involve consulting engineering servicesThe design – drawings were incidental to the execution of the worksDrawings were for own purposeDominant purpose was execution of the de-sulpharisation plantPrimary objective should determine taxability and the contract cannot be split up to determinetaxability• State of Punjab v. Associated Hotels of India was relied on where the “primary objectivetest” was laid down in the context of works contract tax• Several other cases have followed Daelim and held turnkey contracts to be outside thepurview of service taxEPC CONTRACTS InfralineSERIVE – SERVICE TAX TAX REGULATIONS AND ITS APPLICABILITYAll rights reserved | 5| 5
Page 1 and 2: T a x a n d R e g u l a t o r yEPC
Page 3: CONTENTSDiscussions on- Impact of D
Page 7 and 8: APPLICABILITY OF DAELIM - COMPOSITE
Page 9 and 10: APPLICABILITY OF DAELIM - COMPOSITE
Page 11 and 12: SOME THOUGHTSIndicators that the la
Page 13 and 14: SERVICE TAX - VALUATIONInsert pictu
Page 15 and 16: SERVICE TAX - VALUATION RULESRevenu
Page 17 and 18: IMPORT OF SERVICESInsert picture fr
Page 19 and 20: IMPORT OF SERVICEWith effect from A
Page 21 and 22: IMPORT OF SERVICEUnder the Import o
Page 23 and 24: COSTS NOT LIABLE TO SERVICE TAXPure
Page 25 and 26: T a x a n d R e g u l a t o r yEPC

Tax, Legal and Commercial Imperatives, June 2006, Mumbai - BMR ...

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