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Rao (Self)     07 May 2011

Service Tax - Under Construction Residential Flat

 

Dear Sir/Madam,

I had booked a under consturction flat in Hyderabad in July 2007, in a residential complex (with more than 500 flats). The details are given below.

July2007-April 2010: Paid 70% of total construction cost.

April 2010: Project got Municipality approved 'fit for occupancy' certificate. 

April 2010-April2011: Another 25% of total construction cost paid. So far from beginning to now I paid (70%+25%) 95% of total construction cost to the builder. 

The last payment balance is 5%.

My builder told me that I need to pay service tax on the payments received by them from us so far. However, what I have understood as per the latest circular is that service tax will be applicable only for payments made from July 1, 2010 and prior to completion of building. In this case construction is completed before July 1, 2010 and hence I am not required to pay service tax. Is that correct?

But the builder is claiming that  I need to pay the service tax whatsoever. 

I am planning to do the registration soon. Kindly advise ASAP what I need to do in this case. Should I pay the service tax?

Thank you in advance for your guidance.



Learning

 3 Replies

R.Ramachandran (Advocate)     09 May 2011

Dear Mr. Rao,

You are absolutely right.  According to GOI Notification No. 36/2010-ST dated 28.6.2010, the amount of advance paid prior to 1.7.2010 is not liable to service tax.

Therefore, only that consideration/amount which you will be paying on or after 1.7.2010 will attract service tax.

If your builder is demanding Service Tax on the entire amount, he is clearly on the wrong.  Please bring to his notice the above Notification.

You need not budge even if your builder insists.

1 Like

Manohar Jadhav (Sr.Animator)     15 May 2011

Hello Ramachandran Sir,

Could u please send me the details/ Notification related to Service tax on under construction Property. My Builder is asking the same. We need to show the documentation on service tax and vat.

thanking you

Manohar jadhav

Vineet (Director)     04 August 2011

Dear Mr Rao


Yoyu are absolutely correct. Any advance paid prior to 1-7-2010 for an under construction property is not liable to service tax.

 

By the way, need a clarification, you say the building got occupance certificate in April 2010. Then why construction after that?


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