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Patitapaban sahu (Manager)     04 March 2014

Applicability of service tax on flat purchase

Property location: Bhubaneswar (Odisha)

Descripttion of property: Two flats in same building of same builder

1st flat booked in 01.07.2011, valued 35 L, took loan of 14.8L from bank and paid my contribution.  Tripatrite agreement (bank, me and builder) - agreement to sale signed.  registration shall take place in Mid march 2014, possessiion thereafter and balance payment of 3.09L by bank on submission of sale deed. This is booked on my name and wife (2nd person)

2nd flat booked in Feb 2013, valued 37L,took loan of 10L from bank and paid my contribution.  Tripatrite agreement (bank, me and builder) - agreement to sale signed.  registration shall take place in Mid march 2014 along with above flat, possessiion thereafter and balance payment of 0.85 at the time of registration and 1L by bank on submission of sale deed.  This is booked on my wife (first person) and me.

Now the builder has informed to pay Rs.2.22 L towards Service tax to him.  kindly advise me

1. when it is payable i.e. after handing over of flats or before

2. to whom i should pay the service tax amount

3. in what manner cheque or draft (in favour of whom i.e, bulder/statutory authority)

4. what acknowledgement i should receive and from whom

5. if payable to builder now and he gives me a Money receipt, is my liability is over once for all

Kindly advise me

P.Sahu



Learning

 1 Replies

Advocate Rohit (Advocate)     04 March 2014

Service Tax is to be aid by the Developer only.

incase you wish to pay the same, then ask the builder to pay the said amount to the government and furnish the official receipt of the same to you alongwith the Builder Service Tax Registration number mentioned on it. then you may reimburse the same to the builder vide cheque only.

 

Regards

Advocate Rohit Dalmia

9324538481

Mumbai


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