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A Bhattacharjee (Service)     24 March 2016

Query on service tax payable for under construction property

Dear Exper Team,

Will you be able to confirm on the appcability of service tax if the following condtion pravails?

1.If it is an stand alone building consisting 9 flats not a part of housing complex consisting swimming pool,gym,club house etc.

 

2.Flats are of 470 Sq.ft. & 770 Sq.ft super built up area so it falls in the low-cost housing segment i.e.less than 600 sq.ft carpet area and property worth less than Rs. 20 lakh individiually.

 

3.If service tax is applicable on car parking/garage chages if it is mentioned separately in the agreement.

4.The buyer is liable to pay the builder Service Tax at the time of purchase of property, which the builder will in turn deposit with the Govt and if the Builder does not collect Service Tax separately, will it imply that the amount paid by the buyer is inclusive of Service Tax?

 

5.Since stamp duty not paid at the time of sale agreement,so part payment made will be considered as token advance and if full payment is made after completion certificate is obtained,then is anybody liable to pay service tax on behalf of the builder?

 

Awaiting for your valuable suggestion.

 

Regards,

A.Bhattacharjee,



Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     25 March 2016

You can file RTI Application as per prescribed format of your state and get authenticated information with RTI fee of Rs.10/- from SPIO of Commercial tax.  You can also search in google for information, and for RTI particulars the website of the authority.

jyotirmaya behera (advocate)     28 March 2016

The builder provides you the service i.e. Flat,  for which he collected the same from you and deposit in Govt. account as service Tax. Making of Flat and provided you is one type of service. On or above of the Flat price you have to pay the service tax. If there is the agreement that you have to pay includeing the service tax. If that does not mention then the builder may send the correct bill along with the old one and raise the same after everything complicit and that time you are bound to pay. If they builder does not collect tax from you then how can he deposit in govt. account.

 

Jyotirmaya Prasad Behera

09132319262

A Bhattacharjee (Service)     28 March 2016

Dear Behera Sir,

At the time of making agreement ,neither the above conditions were known to the builder nor were cross checked.If on the basis of above conditions,service tax doesn't imply then will the agreement still hold valid on the applicability of service tax?

The builder is not interested to provide the  receipt of the service tax deposited against my flat as he claims it was being deposited in consolidation.Now,if he has not collected service tax from me,how he has deposited to govt.account?

Regards,

A.Bhattacharjee.

jyotirmaya behera (advocate)     28 March 2016

That is right but if he sent you a corrected / revised copy of bill including the service tax that means you have to pay. If the corrected bills have not been generated then you need not require to pay.

Before that procedure if you pay then the that amount will be the extra / benefit amount for the builder.

 jyotir.29@gmail.com

 


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