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Service tax & vat

(Querist) 09 January 2015 This query is : Resolved 
Amongst Builder & purchaser, who is responsible to pay service tax & vat ?

If builder pays same with concerned department, whether he is entitled to recover same from purchaser ?

If so, under which provision ?

What is current view of Hon. Supreme Court on same ?
Shailesh Kr. Shah (Expert) 10 January 2015
you are right in your understanding that builder is entitled to reimburse the service tax and vat unless contract between builder and purchaser say otherwise.
Rajendra K Goyal (Expert) 10 January 2015
The purchaser is liable to pay service tax and the VAT till agreed otherwise.
Guest (Expert) 10 January 2015
Well advised by expert Mr.Shailesh Kr.Shah
T. Kalaiselvan, Advocate (Expert) 15 January 2015
Paying service tax shall be made by the end user, reimbursement of the same may be by the builder.


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