Service tax on land owner share of flats

sagar Rao (Querist) 13 March 2018 This query is : Resolved
SIR/MADAM,
LAND OWNER ENTERED DEVELOPMENT AGREEMENT WITH DEVELOPER IN JUNE 2012 FOR CONSTRUCTION OF COMMERCIAL COMPLEX IN SHARING RATIO OF 50:50 AND TAKEN MUNICIPAL PERMISSION IN MARCH 2014, SOLD ALL UNITS OF BOTH LAND OWNER & DEVELOPER SHARE OF UNITS AFTER GETTING OCCUPANCY CERTIFICATE IN THE YEAR 2015.
MY QUERY IS, SERVICE TAX IS PAYABLE ON THE LAND OWNER SHARE OF UNITS ARE NOT,
AS LIABILITY TO PAY THE TAX IS APPLICABLE UP TO FIVE YEARS ONLY. SO IN THESE CASE FIVE YEARS COMES FORM JUNE 2012 TO MAY 2017, OR FROM COMMENCE OF THE WORK I,E MUNICIPAL PERMISSION TAKEN IN THE MARCH 2014, IN THESE CASE FIVE YEARS COMES FORM MARCH 2014 TO FEBRUARY 2019 PLEASE INFORM FOR WHICH I AM THANK FULL TO YOU

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Dr J C Vashista (Expert) 15 March 2018
Commercial question.
You must engage a local tax consultant for proper analyses of facts and proceeding in a professional manner.

R.Ramachandran (Expert) 15 March 2018
It is not clear on what basis you say that "LIABILITY TO PAY THE TAX IS APPLICABLE UPTO FIVE YEARS ONLY".
Please clarify.

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