Service tax on real estate

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Dear Sir 

 

 

I have an urgent query regarding the Real Estate Business of one my client, he is selling a Housing Society Projects with two type of segment-one is Freehold Property in which he sells a plots of around 80 Sq. Yard and another is Constructed flats of 2 BHK/3 BHK on a margin Basis-For E.g.-Purchase @ 2000/- Sq. Yard.and sells @ 2500/-Sq. Yard.He paid commission to his various associates in selling the same.He made payment to his  vendor on Lump Sum & Instalment Basis.He didn't developed/construct the plots.My Question is only that whether he is liable to pay service tax,if yes-then in which service with abatement,cenvat credit etc.If no-then in which section/rule/notification is defined.Please reply me asap. with brief notes or links.I Shall be very grateful to you for this.
 
Replies (2)
Wow , so many things in a question ,, Real estate business... Segment ; sells plots of 80 sq yards No levy of service tax as this is a case of sale of immovable property. As a transfer of title of immovable property by way of sale is excluded from definition of service under section 65B (44) . . , Segment : sale of sonstructed flats No levy of service tax as this is a case of sale of immovable property. As a transfer of title of immovable property by way of sale is excluded from definition of service under section 65B (44) . . ,
This was the treatment of selling party But for agent, The service provided by him is definitely a service as per defined in section 65B (44) and not declared as negative list of service undrr section 66D. Neither any partial or full exemptio under notification 26/2012 & 25/2012 respectively. Therefore, full ST is chargeable under section 66B if providd or agreed to provided in taxable territory.

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