We seek your valuable advise in respect of Sale of Residential Flat caliming 75% abatement under notification no. 26/2012 ST dated 20.06.2012 and as amended from time to time
AGREEMENT TO SELL
(A RESIDENTIAL FLAT)
1. Made between THE VENDOR (SELLER) and PURCHASER.

2. THE VENDOR hereby agrees to sell and THE PURCHASER hereby agrees to purchase the said RESIDENTIAL FLAT together with AN UNDIVIDED PROPORTIONATE SHARE, RIGHT, TITLE AND INTEREST IN THE LAND ON WHICH THE SAID PROPERTY IS STANDING and subject to the terms, conditions and covenants herein contained.

3. The PURCHASER shall have no claim upon the ROOF/TERRACE OF THE BUILDING. It will remain the property of the VENDOR.

4. The PURCHASER shall have no ownership right upon the amenities.

In the Schedule

A residential Flat having a super built-up area of 2226 sq.ft. togetherwith undivided proportionate impartible share/right in the freehold interest in the land underneath of the said R.C.C. Building situated at …………..(address of the property)

NOW SIR, OUR QUERY

The Enforcement Officer of Service Tax Department is telling that ‘since as per the different Clauses of the Agreement to Sale, the entire proportionate share of the super built up area is not going to be transferred in favour of the PURCHASER and the ROOF/TERRACE OF THE BUILDING and AMENITIES remain in the hands of the VENDOR’, we are not entitled to the 75% Abatement under Notification No.26/2012-ST dated 20.06.2012 (as amended from time to time) and have to pay Service Tax on full value realized from the PURHASER.

Please advise us (One or Two Agreements have already been registered).

1. Whether the officer is correct in his findings?

2. May we file rectification Agreement to Sale omitting all these objectionable clauses?

3. What should be the exact wordings of Agreement to claim Abatement?

Please advise us.

What is the procedure to add new services in existing service tax certificate. Any physical document required ?

If an assessee is doing the business of buying and selling vacant plots, will service tax provisions be applicable?

Please reply

A Chit Fund private limited co. operating since 2009 in Andhra Pradesh took service tax registration since 1st July, 2012 and paid service tax on auctions done since July, 2012. However, an audit was conducted by the department in Sep, 2013 and tax was levied on all the auctions done since 2009 amounting to an huge amount due. Is it liable to service tax since 2009? If so can it take recourse under VCES scheme?
PLEASE ANSWER URGENTLY

If some one make income from Barber shop Service Above Rs: 10 lakhs. Is he required to make payment of service tax ?

Sir my client crossed the turnover of 10 lakh in Fy-2012/13.He is a Proprietor of barber shop .Is service tax applicable for him?

We are running a firm registered under service tax. Now we are registering a company with same partners as directors in the same premises with name addition of INDIA PRIVATE LIMITED.
1. Our division superintendent asked us the reason for creation a another company with same persons. whether for aviation of service tax.
2. whether we can register and claim exemption limit.
3. If there are any notifications or circular on registration with same persons kindly mention it.

For F.Y. 09-10, 10-11,11-12,12-13,
What was the basic exemption limit for SSP?

Is The SSP exemption available to Professionals?

Does Advance Fees received is also included in calculation of thresh hold limit?

Friends help me out of a confusion in service tax,
Suppose a company providing multiple services, whether the excess credit available in one service can be adjusted with the output tax payable for some other kind of services which are not related to each other can you explain with an example

I WORK IN A REAL ESTATE COMPANY. HERE WE RECEIVED PARTLY OR FULLY FLAT AMOUNT FROM PARTY. IF I HAVE COMPLETION CERTIFICATE AND PARTY GIVE FLAT AMOUNT PARTLY AS A FIRST BOOKING AMOUNT HERE SERVICE TAX APPLICABLE OR NOT?
MY 2ND QUESTION IS, SAY FLAT VALUE RS.50 LAKHS AND HE IS A NEW BOOKING PARTY, GIVE FULL FLAT AMOUNT AND WE HAVE A COMPLETION CERTIFICATE. IS SERVICE TAX APPLICABLE OR NOT? AND IF HE GIVES PARTLY AMOUNT?
IT IS ALL ABOUT AFTER GETTING COMPLETION CERTIFICATE... THANKING YOU SIR.