Service tax liable on construction business

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RAMESH

STUDENT

76 Points Posted on 20 February 2016

We , ABC Construction , a partnership firm are doing construction business from 2011..

We started a project of 10 flats of rs 30 lac each in Dec 2011 and took booking of sale for the same in 2011-12..

We received Rs 3lac from each of the flat investor i.e Total rs 30 lac received from10 flat investor in 2011-12..

However neither we raised any service tax bill for the amount received on booking nor received any service tax from the investor till date because we were not known to the rule of service tax on construction business till dec 2015..

However in january 2016 we have taken service tax registration..

Now my query is how to deal with the situation?

do i need to file service tax return for oct-mar 2011 half yearly month? or is there any way where interest or late filing fees can be waived?

kindly suggest best possible way to come out of this matter?

Replies (2)

Aanand Jha

Employed

580 Points Posted on 22 February 2016

1. Only on interest earned on such advance is liable to ST. so pay immediately ST along with applicable interest

2. If you have taken registration mandatorily file ST return otherwise it liable to penalty upto Rs. 20,000

3. Service tax levied on service part not on value of land hence you may show the advances received was for buying land or material, so in this way only on ST shall be payable on interest earned (if any) on advance.

4. Non Maintaining Books of account is also liable to penalty.

5. Delay in obtaining registration is liable to penalty, you must have obtained ST registration at the time of advance receved