Service Tax on Construction

Construction Industry be Careful: Budget overrides Delhi HC Judgment- Suresh Kumar Bansal

Service Tax - Amid of all this steps an amendment has also been made under service tax laws relating to valuation of Construction Service. The real estate sector currently comes under the ambit of service tax, when it receives sum from its buyers during the construction period ...

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Service Tax on Construction Industry – A compilation

Service Tax - Under the new regime of service tax i.e after 01.07.2012 service tax on construction service is explained u/s 66 E(b) i.e. declared service of the Finance Act,1994. The constitutional validity was also upheld under old regime in case of Maharashtra Chamber of Housing Industry v. Union of India...

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Service Tax on Real Estate / Construction Services

Service Tax - Decision given by Delhi High Court is for a period prior to July 2012. From July 2012 with introduction of Negative List, all the services other than those specified in the negative list and those exempt from service tax, shall be liable for service tax....

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Decoding HC Judgment: Service tax on Under Construction Flats

Service Tax - CA Nikhil M. Jhanwar Decoding Judgment of Delhi HC on Service tax in case of Under-Construction Flats Real estate industry has been in limelight for reasons, right or wrong every season from economy to environment, from tax to transaction, from consumer to court. This time it struck chord with tax battle. We are discussing about […...

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4 Amazing tax planning that you must look out for

Service Tax - We have a lot of verdicts and planning’s as discussed above, but due to the length constraint of a single article, we will be sharing with you some more valuable articles in a near future, till then enjoy the above cases and save your lakh of hard earned money and spend it in something more valuable. ...

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Mere transfer of title in immovable property is exempted from Service Tax

Service Tax - No Service Tax on Transfer of Immovable Property if entire consideration received after issue of Occupancy Certificate. In order to resolve a long standing issue relating to levy of Service Tax on sale of flats/dwellings etc. after issue of occupancy certificate but before issue of completion certificate in areas under the jurisdiction of...

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HC upholds decision to levy service tax on flat, shop construction

Service Tax - In a decision that might have an impact on realty prices, the Bombay High Court has upheld the decision of the Union government to levy service tax on construction of flats and shops. A division bench held by Justice DY Chandrachud and Justice Amjad Sayed on Friday upheld the decision of the Centre to levy service tax, saying it was legal...

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Service tax on construction- Gujarat HC issues notice to Centre on service tax

Service Tax - A division bench of the Gujarat high court, headed by chief justice SJ Mukhopadhaya, has issued notices to the Union finance ministry and service tax department, with regards to a petition filed, seeking to withdraw service tax on construction of res...

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HC grants interim stay on Service Tax levy on buildings under construction

Service Tax - The Maharashtra Chamber of Housing Industry (MCHI) has said it is hopeful of an early decision on the service tax issue. The second hearing of the High Court writ petition filed by MCHI challenging Service Tax levy on buildings under construction has been deferred to September 8, 2010. It's a revenue related matter so we are hoping that e...

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Builders likely to challenge imposition of service tax on flats under construction in court

Service Tax - Builders are all set to legally challenge the imposition of the service tax levied by the Centre on flats under construction. The Maharashtra Chamber of Housing Industry (MCHI), which has leading developers as its members, is considering filing a writ petition in the court against the service tax, which has been imposed since July 1....

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Delhi HC Judgment on Construction of Complex Service- A Review

Suresh Kumar Bansal Vs Union of India &Ors (Delhi High Court) - Thus, while the legislative competence of the Parliament to tax the element of service involved cannot be disputed but the levy itself would fail, if it does not provide for a mechanism to ascertain the value of the services componentwhich is the subject of the levy.[Para 37]...

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Constitutional validity of amendment made by Finance Act, 2010 to construction services challenged

Maharashtra Chamber of Housing Industry Vs Union of India (Bombay High Court) - Construction of a complex intended for sale by the builder before, during or after construction is deemed to be a service provided by the builder to the buyer;No service tax is leviable if entire payment for the property is paid by the buyer after completion of the construction including certificati...

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Bombay High Court stays collection of Service Tax levied on buildings under construction

Maharashtra Chamber Of Housing Industry Vs Union of India (Bombay High Court) - The Bombay High Court has granted an interim stay on collection of Service Tax levied on buildings under construction, following a writ petition filed by the Maharashtra Chamber of Housing Industry (MCHI). Mr Sunil Mantri, President, MCHI, said the chamber had urged the High Court to restrain the re...

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Reg. POT for Valuation of flats given to Landowners for levy of Service Tax

F.No.354/311/2015-TRU - (20/01/2016) - According to the CBEC Education Guide on Taxation of Services, 2012 value of construction service provided to such land owner will be the value of the land when the same is transferred and the point of taxation will also be determined accordingly....

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Service Tax on Redevelopment & Slum Rehabilitation Project (SRA), Floor rising charges

F.No.V/ST-I/Tech-II/463/11 - (31/08/2012) - It has been 'mentioned that many builders charge additional amount known as "floor rise charges" in addition to the normal sale price of a flat. It is also mentioned in your letter that the said charges are recovered for additional construction cost for floor rise because the construction cost incr...

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Recent Posts in "Service Tax on Construction"

Construction Industry be Careful: Budget overrides Delhi HC Judgment- Suresh Kumar Bansal

Amid of all this steps an amendment has also been made under service tax laws relating to valuation of Construction Service. The real estate sector currently comes under the ambit of service tax, when it receives sum from its buyers during the construction period ...

Read More
Posted Under: Service Tax |

Service Tax on Construction Industry – A compilation

Under the new regime of service tax i.e after 01.07.2012 service tax on construction service is explained u/s 66 E(b) i.e. declared service of the Finance Act,1994. The constitutional validity was also upheld under old regime in case of Maharashtra Chamber of Housing Industry v. Union of India...

Read More

Service Tax on Real Estate / Construction Services

Decision given by Delhi High Court is for a period prior to July 2012. From July 2012 with introduction of Negative List, all the services other than those specified in the negative list and those exempt from service tax, shall be liable for service tax....

Read More

Decoding HC Judgment: Service tax on Under Construction Flats

CA Nikhil M. Jhanwar Decoding Judgment of Delhi HC on Service tax in case of Under-Construction Flats Real estate industry has been in limelight for reasons, right or wrong every season from economy to environment, from tax to transaction, from consumer to court. This time it struck chord with tax battle. We are discussing about […...

Read More
Posted Under: Service Tax |

4 Amazing tax planning that you must look out for

We have a lot of verdicts and planning’s as discussed above, but due to the length constraint of a single article, we will be sharing with you some more valuable articles in a near future, till then enjoy the above cases and save your lakh of hard earned money and spend it in something more valuable. ...

Read More

Are Builders liable to Service Tax on Construction of Complex?

When builders render services in relation to construction of complex, it is a case of composite contract with buyers of flats. No doubt service element is involved in the construction of complex and the levy is justified by the Hon’ble Delhi High Court, but still no service tax can be charged by the builders from the buyers. The situati...

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Posted Under: Service Tax |

Delhi HC Judgment on Construction of Complex Service- A Review

Suresh Kumar Bansal Vs Union of India &Ors (Delhi High Court)

Thus, while the legislative competence of the Parliament to tax the element of service involved cannot be disputed but the levy itself would fail, if it does not provide for a mechanism to ascertain the value of the services componentwhich is the subject of the levy.[Para 37]...

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Road ahead for Developers after Delhi High Court Judgement

All of us would have observed reports in the press, that the Hon’ble Delhi High Court has ruled on 3.6.2016, in the case of a writ petition, that in the case of a composite contract between a buyer of an apartment and the developer of the apartment, wherein the total value of the apartment includes the value of land also, no service tax...

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Posted Under: Service Tax |

Service Tax on Flats can not be Levied on Composite Contracts

In one of the recent judgments of Delhi High Court (Division Bench), the court while disposing the WP(C) No. 2235/2011 and WP(C)2971/2011 in the matter of Suresh Kumar Bansal and Anuj Goyal v. Union of India has held that Service Tax on flats can not be levied on composite contracts....

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Single Abatement Rate for Complex Construction Services wef 01.04.2016

Vide Notification No. 8/2016-ST dated 1st March, 2016 the percentage of abatement with regard to the value for calculation of amount of service tax on all type of construction of a complex, building, civil structure etc. have been fixed @ 70% wef 1st April, 2016....

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