Construction of residential complex

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

25 August 2012 Hi all of you,
i am contractor(company) and providing contruction services to builder in india,for this builder is paying me some of consideration.

Now my doubt is...

1) Whether contractor(Service provider have to pay tax? if ans is yes then how much amt? and when the contractor have to pay that amt?
2)provision of ABATEMENT is applicable by fulfiling condition of whether CENVAT credit is taken arlier or not?
AND in this case my another doubt is whose CENVAT Credit we have check? Service receiver cenvat or service provider?

3)Another condition for abatement is *cost of land is not charged separately,then how may contractor know is land cost is included in gross amt or not?

4)And abatement of 75% is to whom, it is for perspective buyer or contractor or for builder....

5) how many times service tax is imposed if three diffrent contract is executed and how much of abatment is available to whom?

i) Service provided by SUB-CONTRACTOR to CONTRACTOR
ii) Service provided by CONTRACTOR to BUILDER/Developer
iii) Service of Selling of residential complex to buyer(perspective),is also deemed as service,

please solve my all doubt....i will very thanks to you if do it....

you don;t understand my querry then plz dont hesitate to contact me at .....arjun_gt2002@yahoo.com....
.....thanks you.....

CA Suresh Jain

CA Suresh Jain (Expert)
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26 August 2012 The service tax in case i and ii is chargeable on the total amount billed minus value of the property in goods transferred and amount of VAT on such goods transferred.

In case iii also the calculation is the same but the seller of the complex has an option to avail abatement notification number 26/2012.
sureshjain.nj@gmail.com

Message likes : 1 times

Querist : Anonymous

Querist : Anonymous (Querist)

29 August 2012 Will abatement is available in i,ii and iii all three cases...if yes available then how to see 2nd condition 26/2012

2)The value of land is included in the amount charged from the service receiver.

case-1) if contractor charge 100000 from builder for construction of residential complex, then how to see See whether SECOND CONDITION OF LAND is satisfied or not.

case-2) if builder sells complex to buyer and charge rs 300000,then how to see the condition of Value of land is included in the amount charged or not? my doubt is abatement is available or not in this case?

case-3) if builder sells flat wise to many buyer and raise invoice separately...then ABATEMENT is available or not? To whom abatement is available...

please reply me....
...arjun_gt2002@yahoo.com

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