Service tax on flat

1139 views 1 replies

I have booked a flat in Feb 2011 and the agreement was signed in March 2011. At that time the construction was almost complete ( except plaster, flooring, pint and electrical).
I paid him 20% amount before agreement and remaining was housing loan which was sanctioned after agreement.
The builder gave me only one demand letter in April 2012 stating that the said flat is 100% complete and thus pay the balance 80% amount and this letter was given to bank for disbursement.
He handed over the flat to me without possession letter in July 2011 and i started living there.
Later after 6-7 months he  demanded VAT and service tax which he had not intimated before.
I paid him the VAT and he is demanding for service tax (almost 3.08%).
Someone told me that buyer is not liable to pay service tax if the flat is purchase after completion. He also told me that if I have booked a flat in midway when some part of the flat is completed, then i am liable to pay service tax only on the amount of remaining work of the flat.
In my case, at the time of booking, the flat was almost 75% complete. The only documentary evidence is the demand letter which he gave me after 1.5 months from booking stating that the said flat is 100% complete.

Please tell me how much service tax should i pay. The builder is demanding for service tax on the whole amount.

Please reply.
Thanks and regards.
Prof. Rahul Padalkar

Replies (1)

Hey Hi,

ST is applicable on whole amount if flat is purchased before completion of Contruction.

Refer pt. (A)(ii)

https://www.servicetax.gov.in/circular/st-circular12/st-circ-151-2012.htm

 

Rgds//Vaibhav
Click thank button to convey your appreciation.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
20 June 2026
Assistant Accounts Manager

Fintax Professionals

Gurgaon

CA Inter

View Details
Company
29 May 2026
Company Secretary - Part time

Shaswat initial support private limited

Ahmedabad

CS

View Details
Company
19 June 2026
Accounts Executive

Getfive Advisors Pvt. Ltd.

Ahmedabad

CA Inter

View Details
Company
22 June 2026
Accountant

Global Image Technologies Private Limited

New Delhi

MBA

View Details
Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details
Company
26 May 2026
Audit executive

vdsr & co LLP

Chennai

CA Inter

View Details
Company
ARTICLESHIP 27 May 2026
CA Article Trainee

Rahul Dang & Associates-Chartered Accountants

Pune

CA Inter

View Details
Company
20 June 2026
Chartered Accountant

ANV & Company

New Delhi

CA

View Details