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Service tax & vat

(Querist) 17 November 2013 This query is : Resolved 
I have purchased flat in pimple gurav the agreement registration date is april 2012 Builder has charged me service tax on total agreement cost @ 3.09% and Vat @ 1% however he has given the completion certificafte issued by corporation which is dated Mar 2012. Now he has asked service tax for year 2013 as well please brief me what is payble legally.
Advocate Ravinder (Expert) 17 November 2013
To my knowledge no need to pay.
Anirudh (Expert) 17 November 2013
Probably he might have asked for service tax towards the maintenance charges that he is charging in the absence of any Association / Society. Please check up. Instead of asking the query with half information, it would be better for you to first ascertain from him why he is demanding the service tax and for what purpose and reason. Once you get the information then you can verify in this forum.
R.K Nanda (Expert) 17 November 2013
consult tax lawyer.
C. SANJEEVA RAO (Expert) 18 November 2013
ur query comes under section 65(105)(zzzh)of Finance Act,1994 and u r liable to pay service tax, if you have paid any amount in advance or instalments wise against the prospective construction of the flat in the apartment. Further, u ask for the details for which the builder is charging @3.09% on the total value and VAT 1% on the total value. U plz contact local tax consultant to elucidate the situation better with full information.


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