service tax on construction by self

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Hi,

Can anyone let me know if

a). there is service tax applicable on land owned by X and construction is undertaken by X himself.

b). What would happen if X employs labour contractors for supply of labour and other things are handled by X only in the construction.

Kindly reply

Replies (3)
Originally posted by : Nityanand


Hi,

Can anyone let me know if

a). there is service tax applicable on land owned by X and construction is undertaken by X himself.

b). What would happen if X employs labour contractors for supply of labour and other things are handled by X only in the construction.

Kindly reply

 

Dear Sir,

 

There is no service tax applicable on land. Assuming apartment complex construction as per the amendment it makes no differecne. However the fact that the complex service is not covered where there is personal use is to be examined.

Where labour contractros involved they would be liable to pay the ST.

 

 

As per my opinion:

a) In your given query X has its own land & he himself is constructing the building, which means that he himself is providing service to himself. For taxable event to arise there must be at least 2 distinct parties. In your query service receiver & service provider are same. Hence no liability for Service Tax

b) Here when X is employing labour contractors means that he is availing the service of contract labourer. In other words he is the receipient of service. Hence again he is not liable to service tax.

I have booked a flat in Bangalore during August 09 and 90% of the construction is completed.  I have also arranged bank loan and only Rs.5.00 to be released by LIC HFC.   Now I understand that ST has been reintroduced.  Hence please confirm, the ST is applicable to me, as I have booked in aug 09.  Further please inform me if the registration is taken place before 31.3.2010, the reintroduced st is applicable?

 

Pl help


CCI Pro

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