before service tax on works contract could be levied. In other words, a
contract in order to be works contract must involve :
"(i) transfer ... element involved in the execution of works contract in a composite contract like
contract for construction of building and sale of a flat therein
decided that there was no implicit
sale of materials in a building contract under a works contract.
However, if the parties enter into two different ... clause, "works
contract" means a contract wherein,-
(i) transfer of property in goods involved in the execution of such
contract is leviable
194C out of the payments made to the fabricators for body building contracts and whether by not deducting TDS as prescribed under Section 194C, assessee ... reply of the assessee,' held that the bus body building contract comes within the meaning of "works contract" and is not governed
accounting year. In such a contract, the long-term contract method is adopted in respect of contracts which have to be completed by stages over ... course of years, such as, building contracts or building schemes by co-operative or private enterprise, or contracts entered into with public authorities such
tower. The exclusion portion deals with service portion of works contract services of building, civil structure or part thereof, etc. That by applying the principle ... excludes, any goods used for construction or execution of works contract of a building or a civil structure or part thereof; laying of foundation
materials used by the respondent in execution of the building contracts. The Constitution Bench of the Hon'ble Supreme Court had to consider ... building contract included the sale of materials used in such contract. Their Lordships held that the consideration paid was for construction of building and, therefore
Greatship (India ) Ltd, Mumbai vs Dcit 5(1)(1), Mumbai on 5 April, 2021
ITA
contract
and a transfer of immovable property, such contract does
not denude it of its character as works contract. The term
"works contract ... contract to provide for labour and services alone.
Nothing in Article 366(29A)(b) limits the term "works
contract".
(iv) Building contracts
contract
and a transfer of immovable property, such contract does
not denude it of its character as works contract. The term
"works contract ... contract to provide for labour and services alone.
Nothing in Article 366(29A)(b) limits the term "works
contract".
(iv) Building contracts
service or Works contract service in so far as
they are used for construction or execution of works contract of building
or a civil structure ... they are used for----
(a) construction or execution of works contract of a
building or a civil structure or a part thereof; or
(b) laying
