05 May 2012
Hello Experts, My query is, Suppose there is a Construction Company who builds residential complex and sells them. This residential complex is build by company itself and not on works contract basis. Further this company receives sales consideration from its customers before the completion of residential complex in installment. my query is whether this company should charge Service tax or VAT or both on the installment money received from its customer ???
Present activity of salling flats and receiving sales consideration before completion certificate has been made taxable w.e.f 01.07.2010 in the hands of Builder i.e. in your this COnstruction COmpany.
As regards, VAT, since this is transaction of sale, VAT is applicable.
As regards Service tax it is also applicable under construction of complex service only on service amount. You can take benefit of abatement of 67% or 75% as the case may be or benefit of Notification No. 12/2003- ST for deducting the value of material used during the provision of such deemed service....
08 May 2012
In your case, it is outright sale so only vat is applicable and no service tax. but if your client provide maintenance services and charge amount on maintenance then service tax is applicable for service amount.
CAclubindia
