Case Law Details
Case Name : M/s Harekrishna Developers (Authority for Advance Ruling New Delhi)
Related Assessment Year :
Courts :
Advance Rulings
Applicant liable to pay Service Tax under (zzzza) for the residential units to be built by him. Applicant can not deduct the value of goods sold, while paying Service Tax @ 2% under the composition scheme. Applicant liable to pay Service Tax on the contract to build houses which is sub contracted. Applicant liable to pay the tax even when the sub contractors would have discharged the tax liability.
IN THE AUTHORITY FOR ADVANCE RULINGS
CENTRAL EXCISE, CUSTOMS & SERVICE TAX
NEW DELHI
Ruling No. AAR/04(ST)/2008
In
Application No.AAR/10(ST)/2007
Applicant
M/s Harekrishna Developers (...
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Hi
I have a flat in a gated community residential apartment complex, which is under construction on 5th April 2012. The builder himself constructing the complex. The flat contains an undivided share of land of 400sft. I would like to have your expert opinion on whether i am liable to pay the service tax (though the construction is being carried out by the builder himself) and if it is liable, am i suppose to pay service tax on the cost of undivided share of land too? Please provide me your inputs.
I have already made a comment as above, for which reply is sought
Dear Sir,
I booked a flat in March,2010 for Rs.13,6000/-. The flat is ready. However, the builder is insisting upon me to pay him service tax @ 3.50% of the value of the flat when booked last year before I am given possessio of the flat. Am I required to pay the service tax? If so what will be the amount I am required to pay towards Service Tax? The builder told me that he has already paid the service tax to the concerned Govt.deptt, for the apartment consisting of 30 units he has constructed. Please elucidate o the issue so that it will be possible for me to take a decision on payment of the service tax to the builder.