Service tax on builders abatement

CA SHAFI SIDDIQUI (Ca in Practice) (228 Points)

13 March 2013  

Here is my case,

There is a Firm, carrying on business of construction of residential properties. The land on which construction is going on is in name of Partners.  Now, a summon has been issued on the said firm.
Officer argues, that abatement of 75% is not aplicable as land is not owned by firm. He says that "if land is not cost to firm, then how can it recover from customers"....

He wants proof that firm is rightfull owner, then only abatement of 75% else, it will be 67%

I want opinion.......

Is there any provision or understanding in service tax law, that Land should be owned by Firm to get abatemnent of 75%....