I entered into an agreement in 2006 with a flat promoter for purchase of a flat in a residential complex promoted by him. The purchase price was paid in instalments as per the initial agreement and service tax was also collected on each instalment. The constructed flat was handed over to me in early 2009. As per the recent notification dt 29-01-2009, it seems that Service tax is not applicable for such promoters. If this is true how to claim refund of the amount already paid?. Who is to file the application?- The buyer or the Promoter?- I will be grateful for any clarifications and guidance in the matter.-Kumar
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Claim for service tax refund
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Yes the buyer can apply for a refund in form R. For this he should have a certificate from the builder that the ST charged is Rs... and the ST payable has been remitted to the GOvt. Further ereferring to the circular the refund can be claimed.
The refund may not be given for the period beyond 1year limitation period. However it may be argued that the intial payment was not ST but a deposit of amount since the levy was incorrect.
It may also be noted that the refund gets delayed at times quite a lot and unless the amount is substantial it may not be worth it.
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