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service tax on purchase of flat

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Querist : Anonymous

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Querist : Anonymous (Querist)
11 November 2010 i have purchased one flat in september 2009 .the registry was done on 25sep 2009 on .that time i was unaware of service tax to be paid ,also the builder has not mentioned it anywhere .now the builder is asking for the service tax 4.5% on total sale consideration of 21 lacs at the time of possession in nov 2010.it comes to rs 94500 & is a great surpise to me.
is service will be applicable to me .From which date it is effective.The builder was telling that it is effective from 2005.
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CA Shailesh Kumar Bhagat

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CA Shailesh Kumar Bhagat (Expert)
13 November 2010 Service tax is the responsibility of service provider ( builder). however he can recover the tax from buyer( you) as per the agreement of sale. If the prices were inclusive of tax, then you should not pay the tax.
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