Log in Register

Login to your account

Username *
Password *
Remember Me

Create an account

Fields marked with an asterisk (*) are required.
Name *
Username *
Password *
Verify password *
Email *
Verify email *
Captcha *
View more blog entries

Consult Construction

Consult Us For Construction

HC : Absent equipment transfer, seismic survey for Oil Co. pure 'service', not 'works-contract

Posted by on in Service Tax
  • Font size: Larger Smaller
  • Hits: 1088
  • 0 Comments
  • Subscribe to this entry
  • Print
  • Report this post
HC allows writ, Seismic survey carried for Oil Company to investigate earth’s subterranean structure constitutes a ‘service’, not ‘works contract’ u/s 2(36) of Tripura VAT Act; Rejects Revenue contention that since there is transfer of right to use equipment to carry out surveys, activity amounts to ‘sale’ u/s 2(25)(d) r/w Rule 7(2) of Tripura VAT Rules, exigible to VAT u/s 4(2); Perusing provisions of Article 366(29-A) of Constitution and jurisprudence thereof, HC observes that in instant case, assessee remains in exclusive possession and control of equipment and all resources supplied under the contract; Though ‘works contract’ registration granted to assessee, no works has been done except carrying out a survey and therefore, amount deducted by Oil Company in terms of Sec 4(3) of the Act refundable; Relies on several judicial pronouncements including SC judgements in BSNL, 20th Century Finance Corp. Ltd., and Delhi HC decision in International Travel House Ltd., as also Division Bench ruling in Oil Field Instrumentation (India) Ltd. and observes that assessee only rendering services amenable to tax by Centre, not by State  : Tripura HC
Rate this blog entry:
21
Trackback URL for this blog entry.

Comments

  • No comments made yet. Be the first to submit a comment

Leave your comment

Guest
Guest Monday, 23 October 2017

Like us on facebook

Twitter Feed

ConsultC RERA - Certiication issues faced by Institute of Chartered Accountants of India https://t.co/wdJ0NSNYvh
ConsultC Webinar - 1 Optimising Ongoing Contracts Negotiations and Stock Credits through GST Builder... https://t.co/FoXeOs433G

Address

Address:
304, Super Plaza, Sandesh Press Road, Vastrapur, Ahmedabad
Gujarat-380054
Tel:
+91 - 079 - 40032950
E-Mail:
This email address is being protected from spambots. You need JavaScript enabled to view it.
Website:
www.consultconstruction.com

markerFind on Google Maps

Who we are

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.