Dear Experts,
I need advice for the below mentioned points. I had booked one flat with a builder and had paid 90% of the booking amount alongwith service Tax. Now the property price appreciated and I had to dispose the same for some requirement. I got one buyer and the builder has charged good amount to facilitate the deal as the property is still not registered.
They have shown as cancellation of my booking and reallotted the above flat to the new buyer. They have refunded my booking amount but I didnt get back my service tax amount refunded.
My query is
1. Since I am no more a buyer (first) as per the books of Builder so Do I need to pay the service tax of the new buyer ?
2. Secondly do the new buyer also has to pay the service tax again on the entire booking amount of Flat ?
3. How can i get the refund of my service tax - from the builder ? from the new buyer ? or service tax department ?
4. The builider is unable to provide me any challan of service tax paid for my booked flat , am i eligible to get one service tax paid receipt or challan even if I cancel the booking ?
5. The builder is also charging the service tax on the entire amount from the new buyer ? is he right in doing that ?
Please help and suggest.
Rgds
Loknath
