Service tax on underconstruction apartment

WE BOOK -6 FLATS IN NOV 2010 AT NASIK(MAHARASHTRA) AND INDIVIDUAL SALE AGREMENT WAS REGISTERED  ON  8-FEB.2011. CONSIDERATION AMOUNT FOR EACH FLAT IS 2800000. 25 LAKS ARE ALLREADY PAID BEFORE 31 MARCH 2012& REMAINING 3 LAKS ARE TO BE PAID AT THE TIME OF POSSETION I.E. ON JAN.2013.

NOW ON THE BACKGROUND OF BOMBAY HIGH COURT ORDER DATED 22 JAN.2012 THE BUILDER IS ASKING TO PAY SERVICE TAX 3.09%& VAT-1% ON TOTAL 28 LAKS AMOUNT, ORALLY & WITHOUT DEMAND LETTER.

1.PLEASE TELL ME THE APPLICABLE -RATE OF SERVICE TAX ON AMOUNT PAID BY ME 25 LAKS BEFORE 31 MARCH 2012 & RATE OF SERVICE TAX  ON AMOUNT OF 3 LAKS TO BE PAID BY ME IN JAN.2013. TOTAL ST & VAT.

2.HOW CAN WE CONFIRM THAT THE SAID TAX IS REALLY PAID BY BUILDER TO GOVERNMENT?

DR.P.ABHAY.

Replies (1)

Bombay high court judgement is on applicablity of VAT not ST.

ST on construction of flat was  there before that judgement. It is very difficult to say Why he did not charged ST at the time of booking without seeing your agreement.

You should ask him to provide a calculation of ST and VAT and Tax Invovice also.

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