Doubt regarding service tax in case of construction company

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Hi. I have been assigned an audit of a Pvt Ltd company which is engaged in the business of construction and sale of residential flats. They pay service tax at 4.944% since construction companies have an abatement of 40%. The practice of the management is such that they pay tax only from the date of registration of UDS and not for the advances that has been received prior to registration. And once they get it registered, they pay service tax as under:

Total amount receivable        xxx

(-) Land cost                             xxx

(-) UDS registration cost        xxx

(-) Corpus Fund                       xxx

(-) VAT                                        xxx

Net amount                             XXX * 12.36% * 40%

The reason given by the management is that they do not want to unnecesarily waste their money by paying service tax in case a person who has paid the advance money could not get it registered due to pausity of funds from his side, in which case he may get back the money that he had paid as advance for the flat. Whether this is correct or wrong pl let me know as soon as possible.

 

Replies (4)

as per charging section..... there shall be levied service tax on service provided or agreed to be provided ( ie. Advanced Received)        .....

ur client should charge service tax on advance

as per Rule 6(3) of service tax rule-2006 if advanced received and later service is not provided then you can adjusted excess service tax paid agaist ur fututr tax liability... condition:  yoy have to pay amt of taxable service and amt of service tax to ur customer ( service receiver)..

 

ur cliet have to follow law.... no loss of customer  as said by management

 

 

Thanks Jeetendra! And yeah I will inform them. But may I know which section provides for details regarding the adjustment of amount that has been already paid?

Rule 6(3)of service tax rule- 1994 Whelere an assessee has paid to the credit of Central Government service tax in respect of a taxable service, which is not so provided by him either wholly or partially for any reason, the assessee may adjust the excess service tax so paid by him (calculated on a pro rata basis) against his service tax liability for the subsequent period, if the assessee has refunded the value of taxable service and the service tax thereon to the person from whom it was received.

I have joined a construction comany.  Previousely I have been workding with Hotel Industry.  What are all the taxes affecting a Construction Company like Service Tax and TDS?  Please reply with %


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