Liability of service tax

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manish kumar agarwal (Querist)
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05 January 2015 Dear All,

I had purchased a flat in a building of 3 floor (other than residential complex) from a promoter and paid an amount of 13 lac in the month of june'14 exclusive of service tax. However, promoter got himself registered to SERVICE TAX on september'14.The possession of flat was to be handed over at the month of dec'14, before giving the possession he issued the invoice charging service tax.
so pl let me know whether i am liable to pay service tax..
The payment was made before the completion of the construction..

CA Kumar Mukesh

CA Kumar Mukesh (Expert)
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06 January 2015 For this purpose you first need to review the deed with Promoter, if Rs. if in deed you find that 14 lacs were final, it means that at time of agreement promoter was agree to bear any additional expenses or taxes from the Rs. 14 lacs. Then only you don't require to pay any additional amount.
However in other case, you need pay in all cases.

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