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Service Tax on Construction of residential complex

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One of our client is engaged in construction of residential complexes. As the service tax has been made applicable on construction of any advance is taken before the completion of complex.

Now my query is whether the client is required to apply for service tax registeration.

 

Replies (7)

if his total receipt likely to be  more than 9 lac durin during the year then requried

Yaa, I agree with Mr. kedia

 

Any provider of taxable service whose aggregate value of taxable service in a financial year exceeds Rs 9lac shall make an application to the jurisdictional Superintendent of Central Excise in such form as may be specified, by notification, by the Board, for registration within a period of thirty days of exceeding the aggregate value of taxable service of RS 9lac

Originally posted by : daya shankar singh

Yaa, I agree with Mr. kedia

 

Any provider of taxable service whose aggregate value of taxable service in a financial year exceeds Rs 9lac shall make an application to the jurisdictional Superintendent of Central Excise in such form as may be specified, by notification, by the Board, for registration within a period of thirty days of exceeding the aggregate value of taxable service of RS 9lac

Perfect..!!

Thanks for the reply, could you please let me know the relevant date of applicability of service tax in our case as this has been bought into tax bracket in the latest budget.

From 08/05/2010, there is no tax on construction of residential complex if the buyer makes any payment before issue of occupation certificate. This is because, as per the amendment in current budget, it is deemed that the buyer has engaged the builder for constructing a unit for personal use of the buyer.

Pls correct me if I am wrong.

Dear Sanjay, you are right. As a matter of fact, the construction of complex service is not taxable from the inception provided the constrution of such complex is intended for personal use. Further the amendment brought in by the current year budget has no impact where the constructioin of complex intended for persoanl use by the recipient of service.

The point made by Chandra sekaran on person use wouldbe relevant as that has not been amended. Lots of demands/ litigation expected with the budget amanedments.


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