26 July 2010
Say I am a builder who is now subject to service tax under 3 heads, Commercial or Industrial Construction Construction of Residential complex Provision of Preferential Location or External or Internal Development of Complexes.
While providing contruction service to prospective buyer, I also come across instances wherein, the prospective buyer requires some superior quality of flooring, false ceiling, box grills, superior quality fittings in washroom, the same are provided by us during the construction of building. However, at that time, a separate agreement is entered into with the buyer, who requires such extra amenities. In this case, will service tax on separate agreement value be covered under Construction Services under section 65(105)(zzzh) or under section 65(105)(zzzzu) – Preferential location or development in residential complex.