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Construction service

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Querist : Anonymous

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Querist : Anonymous (Querist)
18 February 2014 Can anybody tell me service tax related to construction services ?

If suppose I am a builder. I sold flat and that time made agreement Rs.50lakh. and completion certificate issued by competant authority. then this time service tax applicable? if yes then who bare the service tax. Means builder can collect from customer or not ?
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CS SAJU PHILIP MANALEL

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CS SAJU PHILIP MANALEL (Expert)
25 February 2014 your query is not clear.
If the serice was provided and completion certificate was issued prior to the introduction of servcie tax, then no servcie tax will be charged.
Further any amount billed after the issue of completion certificate is also not taxable.
However the any amount billed after the coming into force of Service tax on residential complex but before obtaining the completion certificate will be taxable.
As to the burden, if the customer is not willing to pay the servcie tax separately, the amount received will be deemed as inclusive of service tax.
regards
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