M/s. Abideep Interlock Pavers Pvt. Ltd Vs Commissioner of Central Excise (CESTAT Bangalore)
At present, services rendered for construction of commercial or industrial buildings is taxable. However, construction of roads is not liable to service tax. A point has been raised that if a commercial complex is constructed which also contains roads whether the value of construction of roads would be liable to service tax.
If the contract for construction of commercial complex is a single contract and the construction of road is not recognized as a separate activity as per the contract, then the service tax would be leviable on the gross amount charged for construction including the value of construction of roads.
So construction of roads if undertaken as a part of contract for construction of a commercial complex or industrial building, is taxable. In the instant case, the appellants have not undertaken any such activity and their contract with their buyers was limited to laying of interlocking paver blocks and the approach roads, so no service tax is leviable.
FULL TEXT OF THE CESTAT JUDGMENT
| Appeal No. | Period | SCN date | OIO | OIA | Service Tax |
| ST/262/2008 | 16.6.2005 to Nov. 2005 | 31.3.2006 | No.71/2006-07 dated 14.2.2005 | No.14/2008-CE dated 28.3.2006 | Rs.4,57,270/- |
| ST/640/2009 | Dec. 2005 to July 2006 & Aug. 2006 to May 2007 | 15.2.2007 & 22.10.2007 | No.17/2008-ST JD dated 28.5.2008 | No.151/2009 dated 21.4.2009 | Rs.3,60,014/-
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