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The following are fundamentally strong companies identified by Capital Market analysts. The list is constantly reviewed and updated,
adding scrips with upward potential and removing those that have, in our opinion, exhausted their run.
COMPANY IND. PRICE (Rs) TTM TTM P/E COMPANY IND. PRICE (Rs) TTM TTM P/E
NO. 02-06-2014 YEAR EPS (Rs) NO. 02-06-2014 YEAR EPS (Rs)
Ador Welding 41 175 201403 6.5 26.9 Jyoti Structures 102 55 201403 3.9 14.1
Andhra Sugars 109 128 201403 20.1 6.4 Kalpataru Power 102 180 201403 9.5 19.0
Apcotex Industri 106 157 201403 12.6 12.5 Kirl.Pneumatic 25 619 201403 30.2 20.5
Astral Poly 75 599 201403 17.4 34.4 KSB Pumps 78 502 201403 17.1 29.4
Auto.Corp.of Goa 10 272 201403 24.7 11.0 L G Balakrishnan 10 609 201403 69.2 8.8
BHEL 39 249 201403 14.2 17.5 Lak. Mach. Works 92 3356 201403 168.1 20.0
Bajaj Auto 8 1976 201403 112.1 17.6 Larsen & Toubro 45 1645 201403 54.4 30.2
Bajaj Electric 36 311 201403 0.0 0.0 LIC Housing Fin. 51 329 201403 26.1 12.6
Bajaj Fin. 50 2086 201403 143.4 14.6 M&M 7 1240 201403 60.3 20.6
BASF India 22 834 201403 31.1 26.8 M M Forgings 17 175 201403 23.3 7.5
Bayer Crop Sci. 68 1624 201403 79.1 20.5 Manjushree Tech. 62 242 201403 19.5 12.4
Bharat Forge 17 522 201403 16.8 31.1 Maruti Suzuki 6 2327 201403 92.1 25.3
Bharti Infra. 102 235 201403 5.8 40.5 McNally Bharat 45 90 201403 0.0 0.0
Bosch 10 12342 201403 287.7 42.9 Modison Metals 39 43 201403 3.6 11.9
Britannia Inds. 54 891 201403 32.0 27.8 Motherson Sumi 10 303 201403 6.1 49.7
Carborundum Uni. 1 166 201403 3.9 42.6 Munjal Showa 10 118 201403 17.4 6.8
Castrol India 22 295 201403 9.5 31.1 Navneet Educat. 77 74 201403 4.8 15.4
Cipla 70 386 201403 17.3 22.3 NBCC 31 299 201403 21.9 13.7
Clariant Chemica 22 709 201403 27.0 26.3 Paper Products 62 116 201403 7.9 14.7
Corporation Bank 11 363 201403 33.5 10.8 Power Grid Corpn 76 125 201403 8.6 14.5
CRISIL 106 1422 201403 30.3 47.0 PTC India 101 88 201403 8.4 10.5
D B Corp 47 308 201403 16.7 18.4 PTC India Fin 50 29 201403 3.7 7.8
DCM Shriram Inds 88 97 201403 16.7 5.8 Punjab Natl.Bank 11 979 201403 92.3 10.6
Engineers India 45 283 201403 14.2 19.9 Rallis India 67 188 201403 7.5 25.1
Ent.Network 47 412 201403 17.5 23.5 Reliance Inds. 80 1082 201403 60.9 17.8
Esab India 41 701 201403 21.1 33.3 SBT 11 534 201403 51.4 10.4
Essel Propack 62 87 201403 3.4 25.6 SKF India 13 948 201403 36.0 26.3
Everest Inds. 20 179 201403 6.0 29.8 South Ind.Bank 12 29 201403 3.8 7.6
Exide Inds. 10 144 201403 5.7 25.3 Speciality Rest. 57 149 201403 4.0 37.3
Fag Bearings 13 2308 201403 79.0 29.2 St Bk of India 11 2644 201403 145.9 18.1
Federal Bank 12 118 201403 9.8 12.0 Sterling Tools 48 175 201403 22.4 7.8
Foseco India 22 575 201403 26.4 21.8 Sundaram Finance 50 886 201403 39.8 22.3
GMDC 59 154 201403 13.8 11.2 Sundram Fasten. 48 84 201403 6.1 13.8
Gateway Distr. 106 226 201403 3.4 66.5 Supreme Inds. 75 508 201403 21.2 23.9
Godrej Consumer 65 786 201403 16.6 47.4 Swaraj Engines 46 860 201403 54.6 15.8
Goodyear India 105 430 201403 43.9 9.8 T.V. Today Netw. 47 149 201403 10.3 14.5
Greaves Cotton 46 100 201403 4.9 20.4 Tata Elxsi 28 512 201403 24.1 21.2
HDFC 51 898 201403 34.8 25.8 TCS 27 2130 201403 89.5 23.8
H T Media 47 115 201403 6.6 17.4 Tech Mahindra 27 1893 201403 111.0 17.1
HCL Technologies 27 1382 201403 75.7 18.3 Thermax 44 898 201403 21.2 42.4
HDFC Bank 12 820 201403 35.3 23.2 Tide Water Oil 22 9252 201403 811.8 11.4
Hikal 71 447 201403 39.0 11.5 TVS Motor Co. 9 130 201403 5.5 23.6
Honeywell Auto 43 4372 201403 109.0 40.1 TVS Srichakra 105 529 201403 61.9 8.6
HSIL 21 219 201403 8.5 25.8 Va Tech Wabag 44 1198 201403 33.2 36.1
IL&FS Transport 45 198 201403 10.8 18.3 Vesuvius India 81 621 201403 31.5 19.7
Indian Hume Pipe 20 204 201403 9.9 20.6 V-Guard Inds. 39 563 201403 23.5 24.0
Infosys 27 2994 201403 166.8 18.0 VST Till. Tract. 7 1270 201403 96.0 13.2
ING Vysya Bank 12 631 201403 37.0 17.1 WABCO India 10 2563 201403 62.0 41.3
Ingersoll-Rand 25 598 201403 21.2 28.2 Whirlpool India 36 296 201403 9.7 30.5
Intl. Travel Hse 104 235 201403 22.7 10.4 Wipro 27 499 201403 29.9 16.7
J & K Bank 12 1505 201403 243.9 6.2 Yes Bank 12 575 201403 43.4 13.3
JMC Projects 31 150 201403 8.8 17.1 Z F Steering 10 361 201403 15.5 23.3
This issue Automobile Corporation of Goa and Modison Metals replace KPIT Technologies and Tata Global. TTM: Trailing 12 months.
ApnaMoney
Taxation trial purposes will be excluded from wealth
tax for two years from the date of its acqui-
E-mail: info@cmots.com
have expressed qualification on this matter. land at Manesar from HSIIDC in the fiscal MP SEZ Act, 2003; and the policy of the
Sterlite is contesting this case in the SC and ended March 2013 (FY 2013). This is based Central government and MP state. It had
the matter continues to be under litigation. on the order of the HC. The company’s ap- filed a writ petition with the Indore bench
There are several instances where non- peal is pending adjudication with the HC. of the HC of Madhya Pradesh against the
provisioning is a serious matter. Tayo Rolls The amount ultimately payable to land- demands. SRF contended that while the state
received a jolt when the HC of Jharkhand owners is not ascertainable at this stage. is demanding local taxes, the Central gov-
delivered a judgment against it in May 2013. Hence, Maruti considers that no provision ernment in its response has stated that
This verdict was about the applicability of is required at present. Any additional com- ACVD is payable. Therefore, this amounts
power tariff-rectified energy bill of Rs 272 pensation, if payable, will enhance the value to double taxation.
crore issued in June 2013. This judgement of the freehold land. The penal interest pay- The court has directed the state govern-
has been challenged on various legal grounds able, if any, will be charged to the P&L ac- ment not to take any coercive steps for re-
with the HC of Jharkhand. The appeal was count. The company has made a payment covery of demand. The matter is sub-judice.
admitted on merit in July 2013. Tayo is a of Rs 370 crore to HSIIDC under protest. Based on the facts and opinion from legal
Tata Steel subsidiary manufacturing cast and SRF had received demand notices from experts, SRF is confident of getting a relief
forged steel rolls. the commercial tax department of the gov- from the court. Thus, no provision for the
Maruti Suzuki remains engaged in liti- ernment of Madhya Pradesh (MP) for pay- disputed demands has been made in the
gation over its land in Haryana. The SC has ment of Central sales tax (CST), value added books of accounts.
set aside the judgment of the Punjab & tax (Vat) and entry tax aggregating to Rs 94.9 Mahindra Lifespace Developers’s
Haryana HC. The SC directed the HC for crore including interest and penalty for the loans and advances include project advances
fresh determination of the compensation period 2007 to 2013. These demands are for of Rs 100 crore pending for over two years
payable to the landowners. This is based sales from its manufacturing facility in the to a project whose commencement has been
on an appeal filed by the Haryana State special economic zone (SEZ) in MP to the delayed due to non-performance by vendors.
Industrial and Infrastructure Development domestic tariff area (DTA). The company in the March 2014 quarter
Corporation (HSIIDC) demanding addi- In terms of the policy of the govern- initiated action against the vendors to pro-
tional compensation for land acquired at ment of MP and Madhya Pradesh SEZ Act, tect its interest and for resolving the dispute
Manesar in Haryana for industrial purpose. 2003, the unit of SFR was exempt from lo- to enable commencement of the project.
Maruti has filed an impleadment applica- cal state taxes and levies. The company paid In another instance, Mahindra
tion with the HC and HSIIDC has revised additional countervailing duty (ACVD) ag- Lifespace’s construction work-in-progress
the demand on the company to Rs 749.5 gregating to Rs 48.3 crore to counterbalance (WIP) includes Rs 7.6 crore, short-term loans
crore from Rs 501.2 crore. CST and Vat for the period 2007 to 2013 on of Rs 42 crore and advances and interest
Further, Maruti received a demand of sales from the SEZ to the DTA under the accrued of Rs 21.7 crore on project advances.
Rs 137.5 crore for the remaining part of the customs laws, as per the the SEZ Act, 2005; The commencement of construction of this
particular project had been delayed on ac- challenging the demand. Premier has been
count of a dispute between the landowner Shrugging off legally advised that it has a good case and,
and the company, which has been referred Bharti Airtel received demand for thus, this amount is considered as contin-
to arbitration. Post FY 2014, Mahindra Rs 5201.3 crore from the DoT gent liability.
Lifespace and the landowner entered into in January 2013 for levy of one-time Also, Premier has paid Rs 21.1 crore to
mutually-agreed consent terms and the arbi- spectrum charge the government of Maharashtra under pro-
tration award was issued in accordance with test towards unearned income on sale of land
Relative performance of
the consent terms. As a result of this devel- Bharti Airtel v BSE Sensex and compulsory acquisition of land. Its ap-
opment, these amounts are expected to be peal is pending with the government. This
recovered either by sale or joint develop- forms part of loans and advances and is con-
ment of the property. sidered as contingent liability. The company
Petrochemical and oil refining major is in three segments of automobiles, machine
Reliance Industries (RIL) continues to face tools, and engineering.
contingent liabilities arising from its explo- Gateway Distriparks (GDL) and sub-
ration block in the Krishna-Godavari basin. sidiary Gateway Rail Freight (GRFL) are
Through letters issued in May 2012 and involved in an arbitration proceeding with
November 2013, the Union government has Container Corporation of India (Concor) for
disallowed certain costs. According to the Base=100 as on 30 May 2013 * 30 May 2014
agreements entered into by parties for op-
company, it is eligible to recover the cost as Face Value: Rs 5. eration of container trains from the inland
per the production-sharing contract signed container depot and rail on siding of the com-
with the Central government. Based on legal Premier had paid Rs 49.3 crore excise pany at Gurgaon. Concor has raised claims
advice received, RIL maintains that a con- dues, as per the SC order in FY 2013. Fur- on GDL and GRFL on various issues of
tractor is entitled to recover all costs and ther, it received letter from the excise de- these agreements. According to GDL, these
there are no provisions that entitle the gov- partment demanding Rs 3.9 crore as interest claims are at a preliminary stage and the
ernment to disallow the recovery. RIL has on the excise duty paid. The company has question of maintainability of the alleged
referred the issue to arbitration. filed a writ petition with the Mumbai HC disputes raised by Concor are yet to be de-
termined and not sustainable. Both the on a petition filed by the company, the HC Further, ITD’s trade receivables include
groups are maintaining status quo of the of Mumbai directed DoT to respond and Rs 40.8 crore representing interim work bills
operations at Gurgaon. not to take any coercive action. Based on for work done but is not certified by cus-
The Deputy Commissioner of Income independent legal opinions, the country’s tomers beyond the normal periods of certi-
Tax (IT) had issued orders for assessment largest wireless communication company fication. The company is reasonably confi-
years (AYs) 2008-09, 2009-10, 2010-11 and has not given effect to the one-time spec- dent of the certification and recovery of the
2011-12, disallowing the claim of deduction trum charges in the books of accounts. dues progressively based on its past experi-
and other expenses, and issued notices of In FY 2014, JM Financial received a ence, assessment of work done, and the fact
demand for recovery of additional income notice of demand from the IT department that these dues have not been disputed by
tax, dividend distribution tax and interest after completion of fresh adjudication by the customer.
aggregating to Rs 92.3 crore and initiated the assessing officer for AY 2008-09. The Also, ITD’s trade receivables include Rs
proceedings to levy penalty. GDL has gone additional tax liability based on the notice, 11.4 crore relating to price escalation claims
for appeal against the assessment orders. In net of relevant deferred tax liability, is Rs disputed by a customer. The company had
response, the Commissioner of IT (Ap- 372.8 crore. This is inclusive of interest of received an arbitration award in its favour,
peals) (CIT-A) had allowed the deductions Rs 155.8 crore. According to the company, which has been upheld by the HC. The cus-
except for claim of deduction of other ex- the demand is mainly on account of IT de- tomer has challenged this HC order. Based
penses aggregating to Rs 30 lakh for AYs partment treating the long-term capital gain on the arbitration award, the HC order, and
2008-09 to 2010-11. The Deputy Commis- on sale of equity shares held in joint venture legal opinion, it is reasonably confident of
sioner of IT has appealed with the Income with Morgan Stanley as taxable under the recovery of these amounts.
Tax Appellate Tribunal (ITAT) against these head ‘Business income’ and not ‘Capital Trade receivables of ITD also include
orders of the CIT-A. The appeal for AY gain’. JM Financial has challenged the as- variation claims of Rs 3.1 crore, for which
2011-12 is pending with the CIT-A. sessment order with the ITAT. it had received an arbitration award in its
Based on the opinion of legal and tax ITD Cementation continues to face favour. This was subsequently upheld by
consultants, GDL is of the view that it is challenges on multiple fronts. Its trade re- the district court. The customer has chal-
entitled for deduction under the IT Act, 1961, ceivables include variation claims aggregat- lenged this court order. Trade receivables
for AYs 2004-05 to 2011-12. Therefore, no ing to Rs 27.7 crore recognised by the com- include Rs 11.4 crore and unbilled WIP of
provision for the demand has been made. pany but disputed by the customer. Out of Rs 27.5 crore for a contract rescinded by
The company has split its revenue segments this, claims amounting to Rs 22.6 crore are a the company. Also, trade receivables in-
into container freight station, rail logistics, subject matter of arbitration. The company clude Rs 6.9 crore and unbilled WIP of Rs
and cold chain and related logistics. has received arbitration award in its favour 59.2 crore for another contract for which it
Bharti Airtel received a demand notice for the balance amount of Rs 5.1 crore. This has received a notice from the customer
for Rs 5201.3 crore from the Department of order has been challenged by the customer. withdrawing from the balance work to be
Telecommunications (DoT) in January 2013 Based on legal opinion, ITD is reasonably executed. For this work, ITD had issued
for levy of one-time spectrum charge. Based confident of recovery of these amounts. guarantees aggregating to Rs 22.2 crore. The
Future shocks
Contingent liabilities and non-provisioning are unique items that do not form part of the balance sheet and P&L account but
could have a significant adverse impact on the financials of companies
COMPANY INDUSTRY CMP MARKET 52-WEEK YEAR NETWORTH CONT. LIABILITIES NON PROV.*
CAP LOW HIGH END OF NET WORTH
(Rs) (Rs cr) (Rs) (Rs) (Rs cr) (Rs cr) (%)
NRB Bearings Bearings 89.4 866.29 26.5 94.7 201303 198.0 16.4 8.3
SRF Textiles 451.2 2590.5 125.6 459.9 201303 1939.3 94.9 4.9
Mahindra Lifespace Devel Construction 432.5 1766.69 327.2 472 201303 1293.1 100.0 7.7
Gammon Infra. Projects Engineering 13.5 988.03 6.1 16.43 201303 712.7 135.1 19.0
Sterlite Technologies Cables 44.5 1750.44 15.8 45.7 201303 1159.3 188.0 16.2
Tayo Rolls Castings 59.1 60.59 37.3 72.5 201303 -39.5 272.0 NA
Orient Paper Cement Products 27.8 568.6 4.3 30.4 201303 432.1 359.0 83.1
IL&FS Engineering Construction 67.1 602.04 19.4 76.1 201209 154.2 362.3 235.0
JM Financial Finance - Investment 32.5 2459.96 17.9 38.05 201303 2050.6 372.8 18.2
Century Enka Textiles 167.5 365.99 92.0 177.4 201303 643.2 458.4 71.3
Maruti Suzuki India Automobiles 2311.5 69824.3 1217.0 2505.3 201303 19027.8 887.0 4.7
Bharti Airtel Telecommunications 341.8 136611 274.5 373.5 201303 50321.7 5201.3 10.3
* Contingent liabilities / non provisioning. CMP: Current market price is closing as 28 May 2014. Consolidated financials considered wherever available. NA: Not applicable
Source: Capitaline Databases
company has made claims against the cus- the inter-ministerial group in January
tomer to recover these amounts and has Pending dues 2014. The company has filed writ peti-
initiated legal action. Century Enka received an order for tion in the HC of Jabalpur challenging the
Last, trade receivables include Rs 9.7 Rs 229.2 crore plus interest and penalty de-allocation. The HC has permitted Birla
crore and and unbilled WIP Rs 168.3 crore of Rs 229.2 crore from the excise Corporation to move the court if any
for certain road contracts currently executed department in December 2013 steps are taken by the government for re-
by the company. The customer has already allocation of the block and stayed
granted two extensions of time and ITD’s Relative performance of encashment of bank guarantee. The case is
Century Enka v BSE Sensex
request for further extension is under con- pending for further hearing.
sideration. It has made claims on the cus- KEC International’s Libyan opera-
tomer for recovery of these amounts and tions continue to suffer. The execution of
has initiated legal action. the construction works under contracts of
The status in all these cases is as on 31 KEC International with General Electric
March 2014. In all these cases, no provi- Company, Libya, a government of Libya
sion has been made by ITD based on legal undertaking, is disrupted since February
opinion, contractual terms and the merits 2011. This is owing to civil and political
of each case. unrest in Libya. The net assets including
The Mormugao Port Trust (MPT) in fixed assets and trade receivables relating to
Base=100 as on 30 May 2013 * 30 May 2014
the March 2014 quarter unilaterally sought Face Value: Rs 10.
these contracts aggregated to Rs 63.7 crore
to terminate the concession agreement with end 31 March 2014. The situation in Libya
a subsidiary of Gammon Infrastructure The statutory auditors of Orient Pa- is returning to normal and the company is
Projects. The agreement was based on non- per & Industries have referred to the in- confident of completing these projects.
compliance with certain terms of the con- adequate provision against demand for wa- Shalimar Wires Industries’s pro-
cession agreement. Also, MPT en-cashed the ter tax in their report on accounts for FY visions against certain amounts consid-
bid security bank guarantee of Rs 2 crore 2014. According to the company, it has ered doubtful of recovery have not been
despite the stay-order issued by the district paid and/or provided for water tax to the considered in the accounts. These sums
court of Goa. The court had passed an order extent of liability admitted by it for the include long-term lonas and advances of
to stay carrying into effect the termination period up to April 2009, i.e., the period Rs 4 crore and short-term loans and ad-
of the agreement. The subsidiary has already prior to the new agreement effective from vances of Rs 1.6 crore. Further, no pro-
taken further action including contempt pe- May 2009 entered into with the water re- vision has been made for trade receivables
tition. Its exposure including investments sources department of the government of of Rs 33.2 lakh and claim receivables of
and loans and advances is around Rs 3.4 MP. No provision against the balance de- Rs 26.9 lakh. These have been consid-
crore. Gammon believes that it has a strong mand of Rs 359 crore including com- ered as contingent liabilities.
case and no provision is made in the books pounded interest and penalty has been Also, Shalimar Wires has made no pro-
of account. made as Orient Paper’s application for visions for demands of Rs 90 lakh against
Also, Gammon’s subsidiary has initiated waiver of water tax is under consideration it by various government taxes like sales
correspondence with the National Highway of the government of MP. tax, excise, and municipal tax aggregating
Authority of India towards closure of its Initiatives have been taken by NRB to Rs 46.5 crore, which are under appeal;
projects on mutually acceptable terms pri- Bearings to increase sales and profitability demands for non-fulfillment of export ob-
marily due to non-availability of right of way of wholly owned subsidiary NRB Bearings ligation of Rs 5.7 crore; and liability likely
to the site and forest clearances. Its expo- (Thailand). The company has overall invest- to arise on re-opening of cases by various
sure to this project includes investments and ment exposure of Rs 16.4 crore to this sub- authorities but not ascertainable at this
advances of Rs 78.6 crore and guarantees of sidiary. It believes that the erosion in net moment. All these liabilities are treated as
Rs 56.5 crore. No provision has been made worth does not constitute a permanent dimi- contingent liabilities.
in the books of accounts. nution in the value of investment.
Century Enka received an order from The Central Building Research Insti- Conclusion
the excise department in December 2013 tute (CBRI) has been directed by the SC to Contingent liabilities and non-provisioning
denying the applicability of notification is- conduct the study of impact of Birla are unique items that do not form part of
sued in March 2000, which allowed pay- Corporation’s Chanderia mines in the balance sheet and P&L account but
ment of duty at specific rate instead of Rajasthan on the Chittorgarh fort. CBRI could have a significant adverse impact on
advalorem basis. The department has raised was supposed to complete the study by the financials of companies. Annual re-
a demand Rs 229.2 crore plus interest and end March 2014, but has sought extension ports, presentations and quarterly results
penalty of Rs 229.2 crore. The company of time up to 30 September 2014 for are important sources of information. In-
has filed an appeal with Cestat against this completion. The SC has fixed the next date stances of contingent liabilities and non-
demand. Century Enka has been advised of hearing on 13 October 2014. provisioning should be monitored on a regu-
by legal experts that it has a strong case Furher, Birla Corporation’s coal blocks lar basis. This is because these elements
and, thus, no provision has been made in in MP were de-allocated by the Ministry could be a source of shock and disappoint-
the accounts. of Coal based on the recommendation of ment for investors in future.
Capita Telefolio gives two well-researched BUYs every React to the results
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Scrip Rec. Rec. Cur. Price % Sensex Scrip Rec. Rec. Cur. Price % Sensex
Date Price 30-05-14 Var Var(%) Date Price 30-05-14 Var Var(%)
TVS Motor Co 30-Aug-13 31 130 319.4 30.1 TVS Srichakra 16-Oct-13 225 512 127.6 17.9
VST Tillers Tractors 3-Jul-13 367 1,246 239.5 26.3 National Bldg Const 6-Nov-13 135 301 123.0 15.9
Monsanto India 26-Jun-13 603 1,819 201.7 30.5 Fiem Industries 18-Oct-13 206 452 119.4 16.0
Va Tech Wabag 9-Aug-13 409 1,174 187.0 28.9 Bharat Forge 14-Aug-13 229 502 119.2 25.0
Suprajit Engineering 1-Oct-13 32 90 181.3 24.1 L G Balakrishnan 15-Jan-14 275 598 117.5 13.8
Kalpataru Power 26-Jul-13 63 175 177.8 22.6 Motherson Sumi Sys 7-Aug-13 139 298 114.4 29.8
Gujarat Pipavav Port 30-Oct-13 50 126 152.0 15.1 Sundram Fasteners 29-Nov-13 40 85 112.5 16.5
Jyoti Structures 8-Nov-13 25 61 144.0 17.2 MM Forgings 27-Dec-13 90 174 93.3 14.3
AIA Engineering 13-Sep-13 318 752 136.5 22.7 PTC India Financial 5-Jun-13 14 27 92.9 23.8
Essel Propack 25-Sep-13 37 86 132.4 22.0 Isgec Heavy Engg 12-Feb-14 880 1,645 86.9 18.4
For complete list of recommendations visit http://www.telefolio.com (Past performance is not an indication of future trends)
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ApnaMoney Investment Strategy
Is undertaking redevelopment occurs later among the rules that merit equal
consideration. This rule covers situations
where the nature of a service or the busi-
liable to service tax? ness activities of the service provider may
be such that two or more rules may appear
By T K Doctor & Zankhana P Mehta June 2012, services of redevelopment of equally applicable.
Our residential building is being redevel- existing building to the original owners of For example, an architect based in
oped by P Developers. According to the the land were not subject to service tax be- Mumbai provides his service to an Indian
agreement entered, the developer has to cause of specific exclusion provided in hotel chain, which has business establish-
incur all the expenditure. The builder has Section 65(a1a) of the Finance Act, 1994. ment in New Delhi, for its newly acquired
now approached us to make payment to However, from 1 July 2012, these services property in Dubai. If Rule 5 (property rule)
him for service tax. Is the builder liable have become taxable. This is because the were to be applied, the place of provision
under service tax as we are not making definition of the term ‘residential complex’ would be the location of the property, i.e.,
any payment? has been changed from 1 July 2012. The Dubai (outside the taxable territory). With
— Pravin Boatwala, e-mail specific exclusion for the personal use of this result, the service would not be tax-
Prior to 1 July 2010, construction as well residence is no longer available. able in India.
as reconstruction services provided by a In your case, the builder is liable for As both the provider and the receiver
builder would not be taxable circular dated service tax from 1 July 2012. The terms of are located in taxable territory, by applica-
29 January 2009. agreement will have to seen if the same can tion of Rule 8, the place of provision would
From 1 July 2010 to 30 June 2012, re- be recovered from you. be the location of the service receiver, i.e.,
construction services provided by the build- I am providing property-related services New Delhi. Place of provision being in the
ers to the building society would not be tax- to clients who are in Delhi, Dubai and taxable territory, the service would be tax-
able because the reconstructed flats are for Bangalore. One client is a non-resident. able in India. By application of Rule 14, the
the personal use of society/its members. Other clients are residents of Mumbai, later of the Rules, i.e., Rule 8, would be
Earlier, the definition of residential complex Kolkata and South Africa. I am in applied to determine the place of provision.
provided that it does not include a complex Mumbai but I do not want to go for Thus, applying these provisions in your
which is constructed by person directly en- centralised registration. Where will I have case, if both you and your client are lo-
gaging another person for designing or plan- to register for my Indian clients and for cated in taxable territory, then Rule 8 will
ning a layout and the construction of such my non-resident client? prevail even though property is located
complex is intended for personal use as resi- — Mahesh P, e-mail outside India. But if your client is non-resi-
dence by such person. Construction of ad-
ditional flats undertaken as a part of recon-
struction for sale to the second category of From 1 July 2012, services of redevelopment of
service receivers is a taxable service if any
payment is made to the builders before the existing building have become taxable because of
issuance of completion certificate. change in definition of ‘residential complex’
Between the period 1 July 2010 and 30