Service tax applicability

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

20 November 2013 I WORK IN A REAL ESTATE COMPANY. HERE WE RECEIVED PARTLY OR FULLY FLAT AMOUNT FROM PARTY. IF I HAVE COMPLETION CERTIFICATE AND PARTY GIVE FLAT AMOUNT PARTLY AS A FIRST BOOKING AMOUNT HERE SERVICE TAX APPLICABLE OR NOT?
MY 2ND QUESTION IS, SAY FLAT VALUE RS.50 LAKHS AND HE IS A NEW BOOKING PARTY, GIVE FULL FLAT AMOUNT AND WE HAVE A COMPLETION CERTIFICATE. IS SERVICE TAX APPLICABLE OR NOT? AND IF HE GIVES PARTLY AMOUNT?
IT IS ALL ABOUT AFTER GETTING COMPLETION CERTIFICATE... THANKING YOU SIR.

Annu Agarwal

Annu Agarwal (Expert)
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20 November 2013 As per my view
Case 1:where the booking amount is received earlier and the balance amount is received after the completion certificate the entire amount received shall be subjected to service tax.

Case2:Flat is ready with completion certficate.The entire consideration wheteher lumpsum or in installments for flat is received after completion certificate,then NO SERVICE TAX applicable as it is a pure sale of immovable property.The same is excluded from defination of Services.

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