Regarding refund of service tax on property underconstructio

This query is : Resolved

Sangeeta Bist (Querist)
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23 January 2018 Dear Expert,
I have booked a flat in under construction property on which I paid service tax to builder. Now builder is buying back his property from me. He is providing Service Tax certificate to me and saying to collect the same from Service Tax department. Is it OK for me to collect the same from department on the basis of certificate.

Please advice on urgent basis.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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23 January 2018 You can't collect Service tax from the department collect it from the builder. He only can collect from department.
Service tax can't be collected for flat not sold to you.

Sangeeta Bist

Sangeeta Bist (Querist)
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23 January 2018 Sir, Builder is saying to assist us by providing certificate and other documents if needed in this matter. What to do in this situation. May department will entertain a individual like me and refund my money. How many time it will take.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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23 January 2018 You have not paid service tax to the department hence you can't claim any refund. Builder can claim refund or adjust in future payments.

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