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Consult Construction

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  • CESTAT upholds customs duty on import of drawings & designs for construction of hotels, treating them as ‘goods’ after following SC ratio in Associated Cement Companies Ltd;
  • Rejects assessee’s plea that since contract with overseas designers is composite involving conceptual, schematic, floor plan / elevation development designs and specification for space planning & loose furnishing, 1/3rd contract value should be adopted towards assessment of transaction value of imported goods; Holds that Adjudicating authority is correct in valuing goods at contracted compensation less 10% abatement / discount towards inspection of work and installation;
  • Holds that amount paid towards research and concept design, preparation of plan elevation and furnace specification fall under category of ‘drawings and designs’, hence, to be considered as ‘transaction value’ for discharge of customs duty; However, sets aside penalty observing that issue was in dispute during relevant period which was finally decided by Apex Court : Mumbai CESTAT
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CESTAT, BANGLORE BENCH

Mohtisham Complexes (P.) Ltd. (vs) Commissioner of Central Excise*, Mangalore

Section 65(25b), read with section 65(30a), of the Finance Act, 1994 - Commercial or industrial construction services - Period 16-6-2005 to 31-3-2008 - Stay order - Whether prior to 1-7-2010,i.e., date of enactment of Explanations to section 65(105)(zzq) and 65(105)(zzzh), a builder could not be deemed to be a service provider providing any service in relation to industrial/commercial or residential complex to ultimate buyers of property - Held, yes [Stay granted]

Circulars and Notifications : Board's Circular No. 108/2/2009-ST, dated 29-1-2009

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We are Ahmedabad based professional consulting firm. We are providing various services to Construction, Real Estate and Project Companies in various areas like Indirect Taxation – Service Tax & Multi state VAT consultancy, ERP implementation, Site & Management audit, Designing Tender & other related contractual documents etc.