With
the Indian Prime Minister, Mr A B Vajpayee, taking
the initiative to clear the backlog, the planning
Commission has been working in consultation with
the central ministries to chart out the priorities
and monitor progress on each of the items to ensure
successful completion before the end of this fiscal
year.  |
| Commissioning
or installation of plant, equipment or machinery
by a commissioning or installation agency, is chargeable
to service tax. As commonly understood, the activity
of installation means the act of putting an equipment,
machinery or plant into its place and making it
ready for use. The activity of installation will
start after erection, which would refer to putting
up civil structures. Commissioning of a plant would
mean operationalising an installed plant / equipment
/ machinery. Thus installing a booster pump, air-conditioner,
water filter, water heater, etc. would be covered
in the definition and be taxable, as all these things
connected to machinery or equipment.
A
very recent notification has been issued, which
exempts commission or installation services provided
by a commissioning or installation agency other
than a commercial concern. Accordingly the commissioning
or installation services provided by an individual
or a non-commercial concern will be exempt from
service tax.
Further
another notification has been issued which provides
that in case of a contract which involves the commissioning
or installation service along with supply of plant,
machinery or equipment, and where the value of the
supply is not separately ascertainable, service
tax will be payable only on 33% of the gross amount
charged for commissioning or installation and supply
of plant, machinery or equipment. It is optional
for the concern to avail of this notification. It
is emphasized under this notification that the gross
amount (33% of which is chargeable to service tax)
shall include the value of the plant, machinery,
equipment, parts and any other material sold by
the service provider along with the commission or
installation service. This notification is applicable
to all contracts where the value for individual
components of the contracts is not separately ascertainable.
|