ServiceTax on Construction Of Building

This query is : Resolved

Devi Prasad Ruia (Querist)
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28 December 2008 Facts:The Company (C) has entered into a notarized Agreement landlord (L) for construction of a building on his land say in 60 : 40 ratio. The Broad terms are as follows:

1. Ground floor as commercial and Area of 5 existing shops will be deducted from landlords share on ground floor.

2. 1st floors to 3h floor as residential flats (more than 12 units)

3. The construction of the building is being done by company by engaging daily construction workers

4. The total Super structure is complete

5. So far Company has not entered into any agreement for sale and intends to use booking form for booking of flat and after full payment to execute final Sale deed in favour of would be purchaser.

Queries
LANDLORD’S Allocation
1. Whether any Service tax is payable against the landlord allocation
2. under which section
3. Rate of ST
4. Quantum of ST
5. Date of Payment of Such ST

DEVELOPER’S Allocation
1. Whether any Service tax is payable against the Company’s allocation
2. under which section
3. Rate of ST
4. Quantum of ST
5. Date of Payment of Such ST

Devi Prasad Ruia

Devi Prasad Ruia (Querist)
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05 April 2009 ok