Need Tally
for Clients?

Contact Us! Here

  Tally Auditor

License (Renewal)
  Tally Gold

License Renewal

  Tally Silver

License Renewal
  Tally Silver

New Licence
  Tally Gold

New Licence
 
Open DEMAT Account with in 24 Hrs and start investing now!
« Top Headlines »
Open DEMAT Account in 24 hrs
 New Income Tax Act: ITR forms to be issued prior to FY28, says govt
 GSTR-9C Explained: Turnover Limit, Due Date, Statement Format & How to Prepare It in Tally Prime (2025 Update)
 Will Income Tax Department release new ITR forms by January 2026? Finance Ministry says this
 The Government of India has strengthened MSME protection through strict payment rules, ensuring that Micro & Small Enterprises receive timely payments from buyers. Under the MSME Development Act (MSMED Act), 2006, buyers must make payments within:
 ITR Refund Delays in India: Why They Happen & How to FastTrack Your Refund in 2025
 ITR Refund Delay: From Bank Errors To Department Checks, 5 Big Reasons Your Refund Gets Stuck
 Income Tax Slabs 2025: New Vs Old Regime; Which One Is Better For You For FY2025-26?
 Seamless Integration: How Tally Prime Connects Businesses to the Digital Economy
 Govt to notify new ITR forms, Income Tax Act 2025 rules by January 2026: CBDT chief
 Digital Efficiency for MSMEs: The Tally Prime Advantage
 5 Ways Tally Prime Reduces Cost and Boosts Productivity for Startups

Filling up potholes will attract service tax now
November, 07th 2006

In a move that could influence the toll structure in India, the law ministry has endorsed the revenue departments view that repair and maintenance (R&M) of roads are a taxable service. The revenue department had earlier written to the National Highways Authority of India (NHAI) and many leading contractors asking them to pay tax on the services they render in the form of repair and maintenance of roads.

As per the service tax rules, repair and maintenance of any immovable property is a taxable service. The tax is leviable at the service providers end. Laying down roads is, however, outside the service tax ambit, as taxable construction services are limited to commercial/industrial complexes and residential complexes with more than 12 dwelling units. In practice, the entire road building activity, including R&Ms, have remained outside the tax net.

Speaking to ET, NHAI director-finance Satyanarayana Dash said, We had referred the revenue departments directive to us to the law department and it has clarified that repair and maintenance of any immovable property including roads will attract service tax The official, however, added that a final view was yet to be taken by the NHAI in this regard, as there are still some doubts.

According to sources, the revenue department has not taken a final view on whether the tax will be levied with retrospective effect. Sources, however, said that the new impost would indeed jack up the cost of the $12.3bn expressway project called North-South-East-West Corridor. NHAI has already awarded 5,500 km for construction of the corridor and the balance 1,800 km is set to awarded to contractors by the end of the fiscal.

NHAI undertakes R&M till the contractor to which the construction is awarded achieves financial closure. Till the award of contracts, the authority may also assign the construction work to the state public works departments. This means that the service tax liability with regard to providing R&M services will be spread between the NHAI and contractors.

NHAI cannot escape the tax, after the recent clarification by the central board of excise and customs that non-commercial concerns too are liable to pay tax on the taxable services they provide. It is, however, unclear as to whether the state PWDs will also have to pay tax, sources said.

The revenue department had earlier asked the central public works department to let it know whenever a contract for repair and maintenance contracts of roads is awarded.

Home | About Us | Terms and Conditions | Contact Us
Copyright 2025 CAinINDIA All Right Reserved.
Designed and Developed by Ritz Consulting