Circular No. 150/1/2012-ST
F.No.354/236/2010-TRU
Government of India
Ministry of Finance
Department of Revenue
Central Board of
Excise & Customs
(Tax Research Unit)
New Delhi, 8th
February, 2012
To
Chief Commissioner of
Customs and Central Excise (All)
Chief Commissioner of
Central Excise & Service Tax (All)
Director General of
Service Tax
Director General of
Central Excise Intelligence
Director General of
Audit
Commissioner of
Customs and Central Excise (All)
Commissioner of
Central Excise and Service Tax (All)
Commissioner of
Service Tax (All)
Madam/Sir,
Subject: Meaning of the expression ‘gross amount’
appearing in Rule 3(1) of the Works Contract (Composition Scheme for Payment of
Service Tax) Rules, 2007, as it stood prior to 07th day of July 2009
- regarding.
Reference has been received from a
field formation seeking clarification as to whether ‘gross amount’, for the
purpose of payment of service tax under the Works Contract Composition Scheme, included
the value of free of cost supplies, for the period prior to 07/07/2009.
2. The issue has been examined. The
meaning of the expression ‘gross amount’ appearing in Rule 3(1) of the Works
Contract (Composition Scheme for Payment of Service Tax) Rules, 2007, is
qualified by the Explanation inserted
in the said Rule with effect from 07/07/2009. Since the Explanation inserted in Rule 3(1) with effect from 07/07/2009 is
clarificatory and prospective in nature, inclusion of value of free-of-cost
supplies of goods and services in or in relation to the execution of Works
Contract [mentioned in the Explanation
to Rule 3(1) (a) (i) and (ii)] in the ‘gross amount’
for the purpose of payment of service tax on works contract under the
composition scheme, is a legal requirement, only with effect from 07/07/2009
when the Explanation became a part of
Rule 3(1).
3. The explanation appended to Rule 3(1)
with effect from 07/07/2009, categorically says in the proviso that “…nothing
contained in this Explanation shall
apply to a works contract where the execution under the said contract has
commenced or where any payment, except by way of credit or debit to any
account, has been made in relation to the said contract on or before the 7th
day of July, 2009.” Where execution of
works contract has commenced prior to 07/07/2009 or where any payment(except
payment through credit or debit) has
been made towards a works contract prior to 07/07/2009, then in those cases
‘gross amount’ for the purpose of payment of service tax does not include the
value of free of cost supplies.
4. The above clarification may be
communicated to the field formations and service tax assessees through Trade
Notice/ Public Notice. Hindi version to follow.
(Samar Nanda)
Under Secretary, TRU
Tel/Fax: 011-23092037