banner_ad

Construction service

This query is : Resolved 
Profile Image

Profile Image

(Querist)
01 November 2015 Hi all,

please help us with the below case.
I am unable to understand it, will this not be a case of amount received before the issue of completion certificate and service tax is leviable thereof.

Question
If the person who has entered into a contract with the builder for a flat for which paymentsare to be made in 12 installments depending on the stage of construction and the person
transfers his interest in the flat to a buyer after paying 7 installments, would such transfer be
an activity chargeable to service tax?

Answer
Such transfer does not fall in this declared service entry as the said person is not providing any
construction service. In any case transfer of such an interest would be transfer of a benefit to arise out
of land which as per the definition of immoveable property given in the General Clauses Act, 1897 is
part of immoveable property. Such transfer would therefore be outside the ambit of ‘service’ being a
transfer of title in immoveable property.

Please help me ASAP ASAP
Profile Image

Rajesh Kumar

Profile Image

Rajesh Kumar (Expert)
02 November 2015 For the person who has brought the flat, and sold it after paying 7 installments... such transfer is not liable to service tax.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now


CCI Pro
Join CAclubindia WhatsApp Finance Community & stay updated with the latest TAX news, compliance alerts and important updates all in one place!


Similar Resolved Queries


loading


Unanswered Queries


banner

Trending Online Classes

view all classess

CCI Pro
Meet our CAclubindia PRO Members
Subscribe Now

Follow us
add to google news



Answer Query



Quick Links



Browse by Category




Latest Job Openings

View all
Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details
Company
22 May 2026
Sr. Financial Analyst - Consolidation

Search Synergy

Mumbai

CA

View Details
Company
19 May 2026
Article, CA & Paid Assistant Positions

Aggarwal Sarawagi and Co

New Delhi

CA

View Details
Company
18 May 2026
MIS Executive

Primarc Pecan Retail Limited

Mumbai

B.Com

View Details
Company
21 May 2026
Associate

PWC

Kolkata

CA

View Details
Company
22 May 2026
U.S. Financial Reporting & Consolidation Manager

Karia Overseas

Ahmedabad

CA

View Details
Company
29 May 2026
Finance Head

Bhawar Sales Corporation

Chennai

Graduate (Any)

View Details
Company
ARTICLESHIP 15 May 2026
ARTICLE ASSISTANT, TRAINEE AND PAID ASSISTANT

YOGESH KAPOOR AND ASSOCIATES

New Delhi

B.Com

View Details