08 July 2015
One of my client is a developer and they are carrying out villa project. They have entered into two agreements. One is to sell the land and another one is to construct the villa. whether the consideration for the sale of land is exempted from service tax? whether the consideration pertaining only to construction agreement be treated as consideration for levy? Whether the service is treated as works contract service or construction of residential complex service?
08 July 2015
Excluding the land it can be treated as works contract and service tax on 40% value can be paid. Including the land it can be considered as construction of residential complex and service tax payable on 25%/30% value.