17 November 2011
“residential complex” is defined as complex comprising of (i) a building or buildings, having more than twelve residential units; (ii)...and(iii)... Now the question is such limit of 12 residential units is for one residential scheme? or for all the residential schemes in operation by the taxpayer during one financial year?
21 November 2011
As per provision of section 65(91a), residential complex means any complex comprising of
1. Building etc having more than 12 units
2. a common area and
3. any one or more facilities .....
located within a premises and layout of such premises approved by an authority.
Thus from the wording of above provision it clear that only those schemes which satisfied all the above condition shall be subject to levy of service tax. Conditions as to more than 12 units, common area, facilities located within a premises and layout is approved by an authority should be complied in total in order to attract service tax. Thus above provisions should be checked and applied scheme to scheme basis.
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Penalty for late return filing is maximum Rs. 20,000/- but before budget 2011 it was maximum Rs. 2,000/- so. in case we want to file the returns regarding FY 2010-11, then which amount of maximum penalty is applicable to us as on this date?
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