How i pay???

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

24 January 2016 Dear professionals,
main ek builder hu. aur maine kareeb 8 flats sale kar chuka hu in 2013-14 me. lekin ab muje kareeb 7 lac rupayee service tax bharna hai. maine flat owners se service tax collect nahi kiya hai. abi muje service tax department ki taraf se notice aaya hai. abi main kya karu??? itna bhari amount (7lac) jodna mushkil hai muje. kya main service tax department ko request karke thoda waqt mang sakta hu?? ya koi aur raasta hai jo 7 lac amount ko kam kar sake?? please advise me. its urgent

Suresh Ramaswamy

Suresh Ramaswamy (Expert)
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24 January 2016 As a builder you are liable to pay service tax on construction services. The tax is payable on 25% the amounts collected, [if the premises is less than 2000 sft and the consideration below Rs.2 crore - else 30%] from the initial payment till all payments received up to the issue of Completion Certificate by the Municipal Authorities. Any payment received thereafter is not subject to service tax.

Therefore, compute your tax liability as above - if it is Rs.7 Lacs, the same is payable. However, since you have not collected service tax, you may approach your field officers to allow you to compute the amount collected as inclusive of service tax. This will reduce your liability slightly.

You may also seek some extension in time for payment of tax due, but please note that the interest charges are prohibitive - 18% for the first 180 days, 24% for the next 180 days and thereafter 30%. There is no provision for waiver of the interest payable.

KAUSHAL

KAUSHAL (Expert)
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26 January 2016 agar aapne construction completion certificate le liya engineer se aur ussey pehle koi purchaser se cheque nahi liya to aap bach skte hai. kyuki construction bina koi cheque (booking amount)ke complete hua hai and fir becha hai to service tax nahi lagega.

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Suresh Ramaswamy

Suresh Ramaswamy (Expert)
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02 February 2016 Technically you are right, but you have to prove to the.Department कन्स्ट्रकशन पूरा होने के बाद ही आप किसी भी बिक्रेता से रुपये लिए है| The Department may not accept your submissions on face value