Can ST charged on "earnest money deposit" paid to builder

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  • Hello,
  • In my registered agreement builder of project writes" The purchaser/s agree/s to pay to the developers the said consideration of Rs. 80,70,155 in the following manner:- Rs. 10,08737 as earnest money deposit paid on or before the execution of these presents, 1) Rs. 70,61418 being balance of purchase price to be paid by the purchaser in the manner of installments. In this case do I have to pay service tax on " EARNEST MONEY DEPOSIT"?
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Replies (3)
Whether earnest money is a part of consideration and whether it is refundable or not

The earnest money deposit is not refundable.

Yes, service tax is payable on whole consideration of Rs. 80 lakh, earnest money is part of consideration as u have mentioned the payment process.Thus, earnest money received is taxable.


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