Need guidance

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

29 April 2015 is service tax applicable on real state developers/ agents
one person is buying and selling the plot

if yes please provide me related circular/notification also

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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29 April 2015 Service tax applicable on real estate agents.
See the link.
http://www.servicetax.com/real.php

No service tax payable on buying and selling plot.

Querist : Anonymous

Querist : Anonymous (Querist)

29 April 2015 sir, if person is selling and buying plots some facilities like layout,compound wall
then it ias taxable

please send me related notification no on urgent basis

thanks in advance

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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29 April 2015 If the service provider rises service tax bill on layout services and compound wall the developer has to make such payments and include it under layout cost.
See the link.
https://www.caclubindia.com/articles/service-tax-implication-on-real-estate-transactions-19084.asp#.VUB9utKqqko

Querist : Anonymous

Querist : Anonymous (Querist)

29 April 2015 sir,still person is not registered under service tax
department has sent notice for verification of registration and payment of service tax

is he liable or not for service tax .he is doing buying and seling of plot with compound wall and layout

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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29 April 2015 If the person is a company reverse charge applicable for construction of compound wall.

Querist : Anonymous

Querist : Anonymous (Querist)

29 April 2015 sir, sorry to bother you
where it is written
and person who is selling and buying plot is individual

please give me clear answer he is liable for service tax or not

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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29 April 2015 Tell me the person is individual or company.

Querist : Anonymous

Querist : Anonymous (Querist)

29 April 2015 sir person is individual

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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29 April 2015 Since the person is individual no service tax payable to Govt for availing services for layout and compound wall.

Querist : Anonymous

Querist : Anonymous (Querist)

29 April 2015 sir, please tell me notification or relevant circular link for this

so that i can go through

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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29 April 2015 See the link.
http://taxguru.in/service-tax/reverse-charge-partial-reverse-charge-mechanism-service-tax.html

Querist : Anonymous

Querist : Anonymous (Querist)

29 April 2015 for RCM service receiver should be Corporate person or body corporate,
so according to me RCM clause will not applicable here...
and apart from this i red some query related to this issue

some person were saying....
if payment is made after issuance of completion certificate by compentent authrioty then no taxable
and before certificate then taxable

sir it is so...

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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29 April 2015 Yes it is for construction of buildings.