Invoice without service tax

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yogesh singh rajput (Querist)
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30 March 2014 dear experts i have a very difficult matter actully we are construction company, recently we constructed residential complex and all sold out. we have also handle repair and maintenance of the same since last 10 months. our maintenance charge is fixed @ 2 .00 rs per sft. and also collected club chages etc. without service ptax . then my que. is that can we calculate service tax on the basis of back/ reverse method and can avail the cenvat credit ??? and can we continue apply this method before make RWA of flat owners because they have only give our maintenance chages and told us you raise bill without service tax. plz advise

MJ Krishnamurthy

MJ Krishnamurthy (Expert)
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30 March 2014 Mr YS Rajput,
In which place you have done this construction and selling of flats?. In fact,you should have charged and collected ST from the flat buyers before registering them to their names and handing over for occupation.If your construction and business go unnoticed by the ST department you are lucky. If they(ST dept) issue notice to you then you have bear the whole liability your self,pay from back date with interest and penalty. There are three methods of paying it,viz: composition,abatement and actuals. For details contact any consultant.....mjk

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