Construction of residential complex
This query is : Resolved
27 June 2012
During flat booking a developer collected 2 monthly instalment from its customer, all instalment were inclusive of Service Tax later on the booking was cancelled & the developer returned all the instalment to its customer exclusive of Service Tax.
The Service Tax amount collected by the developer till date was not deposited to the Govt A/C and Service Tax return filing was also pending pertaining to that period.
Therefore in this case I want to know whether the developer is liable to return Service Tax amount to its customers or the developer has to deposit all the Service Tax to the Govt A/C.
The Service Tax amount collected by the developer till date was not deposited to the Govt A/C and Service Tax return filing was also pending pertaining to that period.
Therefore in this case I want to know whether the developer is liable to return Service Tax amount to its customers or the developer has to deposit all the Service Tax to the Govt A/C.
rajula gurva reddy
(Expert)
28 June 2012
Yes, the Developer has to return the Service TAx amount back to you. Otherwise, he has to deposit the said Service Tax amount to the Govt Exchequer without fail. In case of failure, he is liable for penal action with equal amount of penalty and interest @ 18%. Even for failure to file return also, he is liable to penal action.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- EPF ECR NEW FILE SEP 17TH 2026
- TDS on Fixed Assets purchased
- How to Handle Active E-Invoices in GST Portal Deleted from Tally?
- Oct 2025 Invoices
- Non filing of I T Returns
- SECTION 393(3) TAX ON CASH WITHDRAWAL
- TAX AUDIT ON PROFESSIONAL INCOME
- Clarification Requested: Gift → NRO → NRE → Overseas Transfer - USA/CANDA (FEMA & Tax Compliance)
- Under marginal scheme
- Capitalgain tax purposes for valuation report compulsory
- Capital Gail Exemption Certificate
- FAST DS 26 Undisclosed Foreign Asset Disclosure Scheme 2026
- Regime change
- Goods sold but invoice not issued
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
- How to pay remaining amount of TDS after due date?
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
