Gst (service tax) applicable on flat pur from land owner
This query is : Resolved
26 November 2018
I have purchased a Flat form land owner after completion certificate receive from Municipality. I have paid ₹ 2.50 lakhs to seller (Flat owner) as Service Tax by crossed cheque and received a Receipt also.
Now, how to recover the Service Tax which i have paid. What section will apply to file a suit at court.
Now, how to recover the Service Tax which i have paid. What section will apply to file a suit at court.
26 November 2018
Service tax not applicable on sale of completion certificate obtained flats.
03 August 2019
Sir,
As you said "Service tax not applicable on sale of completion certificate obtained flats" but need some proof to submit at Honorable Court. Please send if any notification, G. O., or section in Service Tax act.
As you said "Service tax not applicable on sale of completion certificate obtained flats" but need some proof to submit at Honorable Court. Please send if any notification, G. O., or section in Service Tax act.
04 August 2019
For long there was a debate around when a developer should charge service tax to a home buyer while selling the property—when the property is being constructed, or even after it is finished and occupancy certificates received. Resolving the issue, the Ministry of Finance issued a circular on 26 October, stating that developers should not levy service tax on sale of flats and apartments once occupancy certificate is received but completion certificate is not. In its statement, the ministry stated, “...that sale of flats/dwellings, etc., where the entire consideration is received after issue of occupancy certificate by Brihanmumbai Municipal Corporation (BMC), leading to a mere transfer of title in immovable property, falls outside the definition of “Service" provided in Section 65B (44) of the Finance Act, 1994, and is therefore, not taxable." In many projects, the developer may get the occupation certificate phase-wise, and the completion certificate once the whole project is completed.
04 August 2019
Thank you CA R. Seetharaman sir
04 August 2019
Welcome.......................................
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
- CAPITAL GAIN BASE ON NOTIFICATION
- Taxable or Tax exempt
- Demand Outstanding AY 2013-14 TDS Deducted not shown in 26as
- TDS Deducted AY-2013-14 Not Reflected in 26as
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- ADVANCE PAYMENT OF ADVOCATE
- Eway bill not cancelled within 24 hous what can be due
- CREDIT NOTES WITHOUT GST
- Eway bill generation from place other than registeted
- TDS Return Q1 FY 2026-27
- 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
- STATUTORY AUDIT OF A SMALL PRIVATE COMPANY INCORPORATED ON 28.03.2025
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
- How to pay remaining amount of TDS after due date?
- Resigning a auditor from the company for misconduct
- RCM @ 5% on Hamali charges, Transport Charges, Unloading charges we take ITC or not
- CALCULATION OF DEFFERED TAX - OP BL IS DTL & CURRET IT DTA
- LLP audit under companies act
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
