Gst (service tax) applicable on flat pur from land owner
This query is : Resolved
26 November 2018
I have purchased a Flat form land owner after completion certificate receive from Municipality. I have paid ₹ 2.50 lakhs to seller (Flat owner) as Service Tax by crossed cheque and received a Receipt also.
Now, how to recover the Service Tax which i have paid. What section will apply to file a suit at court.
Now, how to recover the Service Tax which i have paid. What section will apply to file a suit at court.
26 November 2018
Service tax not applicable on sale of completion certificate obtained flats.
03 August 2019
Sir,
As you said "Service tax not applicable on sale of completion certificate obtained flats" but need some proof to submit at Honorable Court. Please send if any notification, G. O., or section in Service Tax act.
As you said "Service tax not applicable on sale of completion certificate obtained flats" but need some proof to submit at Honorable Court. Please send if any notification, G. O., or section in Service Tax act.
04 August 2019
For long there was a debate around when a developer should charge service tax to a home buyer while selling the property—when the property is being constructed, or even after it is finished and occupancy certificates received. Resolving the issue, the Ministry of Finance issued a circular on 26 October, stating that developers should not levy service tax on sale of flats and apartments once occupancy certificate is received but completion certificate is not. In its statement, the ministry stated, “...that sale of flats/dwellings, etc., where the entire consideration is received after issue of occupancy certificate by Brihanmumbai Municipal Corporation (BMC), leading to a mere transfer of title in immovable property, falls outside the definition of “Service" provided in Section 65B (44) of the Finance Act, 1994, and is therefore, not taxable." In many projects, the developer may get the occupation certificate phase-wise, and the completion certificate once the whole project is completed.
04 August 2019
Thank you CA R. Seetharaman sir
04 August 2019
Welcome.......................................
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Regarding remand back of order by ITAT to CIT(A)
- Grocery given to poor people
- Section 50C vs 56(2)(x)
- GST on work Contract on KPTCL
- DRAFT OF DISSOLUTION OF PARNTERSHIP DEED
- REGARDING CAPITAL GAIN DEMAND
- Eligibility with regards to DTVSV – 24 Scheme of Income Tax
- DARPAN & FCRA Registration
- Cheque received from a party
- Accounting Entry for Shares
- ROC & INCOME TAX
- DEBIT NOTE for TCS Charged Einvoicing
- INPUT GST CLAIM after GSTR-9 filing
- Campervan Taxability under income tax
- Attempt CA final exam after 6 year
- Round off Figures Appearing In Financial Statement and New Financial statement format for all entity
- Format for Business Profile
- CA incomplete
- EWAY BILL & invoice
- CA Final Group 2 after a gap of 10 years
Trending Online Classes
-
25 Hours GST Scrutiny of Return and Notice Handling(With Recording)
Industry Expert14 February 2025 -
Survey, Search and Seizure under Income Tax Act 1961
CA Hari Agarwal
CAclubindia
