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Is there any commercial zookeeper like service?

Is activity of non commercial building would comes under service tax like insulation or granite stone fixing.?

  • Any govt building construction by pvt firm for non commercial purpose like musem/momerial complex comes under service tax net or any part of activity like insulation or granite stone fixing in the building comes under service tax net

  • Answer:

    Under service tax laws “commercial or industrial construction service” means — (a)construction of a new building or a civil structure or a part thereof; or (b)construction of pipeline or conduit; or (c)completion and finishing services such as glazing, plastering, painting, floor and wall tiling, wall covering and wall papering, wood and metal joinery and carpentry, fencing and railing, construction of swimming pools, acoustic applications or fittings and other similar services, in relation to building or civil structure; or (d)repair, alteration, renovation or restoration of, or similar services in relation to, building or civil structure, pipeline or conduit, which is — (i)used, or to be used, primarily for; or (ii)occupied, or to be occupied, primarily with; or (iii)engaged, or to be engaged, primarily in, commerce or industry, or work intended for commerce or industry, but does not include such services provided in respect of roads, airports, railways, transport terminals, bridges, tunnels and dams; Click on the link below for list of taxable services http://www.allindiantaxes.com/service-tax-taxable-services.php

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Building construction by private firm is for non commercial purpose like museum / memorial complex are not within the purview of service tax. Service Tax department has issued a clarification by Circular No 80/2004 dated 10.09.2004 (para 13.2). Relevant portion of circular is as under: 13.2 The leviability of service tax would depend primarily upon whether the building or civil structure is ''used, or to be used'' for commerce or industry. The information about this has to be gathered from the approved plan of the building or civil construction. Such constructions which are for the use of organizations or institutions being established solely for educational, religious, charitable, health, sanitation or philanthropic purposes and not for the purposes of profit are not taxable, being non-commercial in nature. Generally, government buildings or civil constructions are used for residential, office purposes or for providing civic amenities. Thus, normally government constructions would not be taxable. However, if such constructions are for commercial purposes like local government bodies getting shops constructed for letting them out, such activity would be commercial and builders would be subjected to service tax. I hope this will suffice yor requirement. Good Luck.

gaurav k

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