Service Tax on Construction

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Jigish (Querist)
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24 March 2009 In february'2009 Notification issued by Service tax Dept. Regarding No Service Tax to be applicable to Contractors Who engaged in Construction of Residential Complex.

Now, Whatever Service Tax already paid under this category it is possible to apply for refund?

OR as per new notification still continue to collect service tax from customer & pay to the Govt?

Further, the registration number continue OR to submitt to the dept?

Please clarify in detail

Jigish Shah

Dayal

Dayal (Expert)
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24 March 2009 First i would like to correct that there is no such notification , the above clarification is through a circular Circular No.108/02/2009- ST

Secondly evaluate whether you have collected service tax from clients and deposited to the government treasury or whether you have paid as your expense and not recovered.

If you have recovered and then paid, there is no question of refund as it not forming a cost to you.

Going ahead taking the relevance of the circular you may make a suitable application stating surrender of license in view of the said notification.

We are not clear which new notification you are referring wherein you will continue to collect service tax from customer....

Jigish

Jigish (Querist)
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25 March 2009 Dear Sir,

I am refering to said notication which you had mention.

And as per this new notification I want clerification that Cleint rendering service for Construction of Residential society of more than 12 dwelling unit,whether to continue registration and collect the service tax from Individual customer OR to sureender registration?

Further whatever service tax paid, we have to file service tax return up to the period of notification No. 108/2/2009 OR up to 31st March'2009?

Plese clerify the matter

Jigish Shah

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