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Service tax on realestate agent

Queries 498 views 1 replies

My client agreed into an agreement  to buy residential property and paid the advance.subsequently my client entered into an agreement to sell the same property with another person.As agreed by the three of us the original owner sold the property to the buyer and my client got a margin out of the deal.whether my client ought to pay service tax under the category of real estste agent?

to my understanding the margin was my client's profit,.there was no service rendered and no consideration received and hence do not come under the ambit of service tax.But the service tax dept says that if my client haad got the property registered in his name and sold it then it would be a case of sale and no service tax would be applicable.In this instance my client had acted as a broker and would be liable to service tax.

Please guide me

Replies (1)

it seems you are right.For service tax to be applicable,there shuld be service as well as consideration.In your case it is merely a profit and do not come under the ambit of service tax.


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