Deduction for charges towards labour, service and other like charges.
30. (1) A dealer who is liable to pay tax under section 14, may, for the purpose of determining his taxable contractual transfer price on which tax is payable under subsection (1) of section 18 during any period, deduct under clause (d) of sub-section (2) of that section, from contractual transfer price received or receivable, the following:-
(a) labour charges for execution of works contract;
(b) charges for planning, designing and architects fees;
(c) charges for obtaining on hire or otherwise machinery and tools used for the execution of the works contract;
(d) cost of consumables such as water, electricity, fuel etc. used in the execution of works contract, the property in which is not transferred in the course of execution of the works contract;
(e) cost of establishment of the contractor to the extent it is relatable to supply of labour and services; and
(f) other similar expenses relatable to supply of labour and services; and
(g) profit earned by the contractor to the extent it is relatable to supply of labour and services subject to furnishing of profit and loss account of the works site.
(2) In the cases where the amounts referred to in clause (a) to clause (g) of sub-rule
(1) are not ascertainable from the accounts of a dealer, or if a dealer does not maintain proper accounts, the taxable contractual transfer price may, at the option of such dealer, be determined after deducting the amount, calculated at the percentages specified in column
(3) of the following table for different types of contracts, and the application of different rates of tax on such percentages as mentioned in column (4) of the table, of the taxable contractual transfer price, so determined :-
|
Serial No. |
Type of contract. |
Percentage of |
Percentage of |
|
|
|
deduction from |
total value of |
|
|
|
the contractual |
contract taxable |
|
|
|
transfer price. |
@ |
|
|
|
|
|
(1) |
(2) |
(3) |
|
(4) |
|
|
|
|
|
|
|
|
4% |
12.50% |
|
|
|
|
|
1 |
Fabrication and installation |
25 |
25 |
50 |
|
of plant and machinery |
|
|
|
2 |
Fabrication and erection of |
15 |
45 |
40 |
|
structural works of iron and |
|
|
|
|
steel including Fabrication, |
|
|
|
|
supply and erection of iron |
|
|
|
|
trusses, purloins and the like. |
|
|
|
|
|
|
|
|
3 |
Fabrication and installation |
15 |
25 |
60 |
|
of cranes and hoists. |
|
|
|
4 |
Fabrication and installation of |
15 |
20 |
65 |
|
elevators (lifts) and escalators. |
|
|
|
5 |
Fabrication and installation of |
15 |
45 |
40 |
|
rolling shutters and collapsible |
|
|
|
|
gates. |
|
|
|
6 |
Civil works like construction of |
25 |
20 |
55 |
|
buildings, bridges, roads, dams, |
|
|
|
|
barrages, canals and diversions. |
|
|
|
7 |
Installation of doors, door frames, |
20 |
10 |
70 |
|
windows, frames and grills. |
|
|
|
8 |
Supply and fixing of tiles, slabs, |
20 |
Nil |
80 |
|
stones and sheets. |
|
|
|
9 |
Supply and installation of air |
15 |
5 |
80 |
|
conditioners and air coolers. |
|
|
|
10 |
Supply and installation of air |
15 |
5 |
80 |
|
conditioning equipment including |
|
|
|
|
deep freezers, cold storage plants, |
|
|
|
|
humidification plants and de- |
|
|
|
11 |
Supply and fitting of electrical goods, |
15 |
5 |
80 |
|
supply and installation of electrical |
|
|
|
|
equipments including transformers. |
|
|
|
12 |
Supply and fixing of furniture and |
20 |
5 |
75 |
|
fixtures, partitions including |
|
|
|
|
contracts for interior decorators and |
|
|
|
|
false ceiling. |
|
|
|
13 |
Construction of railway coaches |
20 |
50 |
30 |
|
and wagons. |
|
|
|
14 |
Construction or mounting of |
20 |
30 |
50 |
|
bodies of motor vehicle and |
|
|
|
|
construction of trailers. |
|
|
|
15 |
Sanitary fitting for plumbing |
25 |
15 |
60 |
|
drainage or sewerage. |
|
|
|
16 |
Laying underground surface |
30 |
10 |
60 |
|
pipeline, cables and conduits. |
|
|
|
17 |
Dying and printing of textiles. |
30 |
Nil |
70 |
18 |
Supply and erection of weighing |
15 |
30 |
55 |
|
machines and weigh bridges. |
|
|
|
19 |
Painting, polishing and white |
30 |
Nil |
70 |
|
washing. |
|
|
|
20 |
All other contracts not specified |
20 |
15 |
65 |
|
from serial No. 1 to 19 |
|
|
|
|