12 October 2016
MY CLIENT HAVE SERVICE TAX REGISTRATION, MY CLIENT OFFERED HIS LAND TO A BUILDER TO CONSTRUCT G+5 RESIDENTIAL FLATS ON HIS LAND. ARRANGEMENT DONE BETWEEN THEM IS OUT OF TOTAL FLATS 40 % FLATS SELLING RIGHT IS OF MY CLIENT AND REST 60 % FLATS SELLING RIGHTS IS UNDER BUILDER'S HAND. NOW MY QUESTION IS WHAT WOULD BE THE SERVICE TAX IMPLICATIONS IN HAND OF MY CLIENT FOR HIS 40 % SHARE FLATS AS WELL AS BUILDER'S 60 % SHARE FLATS WHEN MY CLIENT SELL FLATS AS WELL AS BUILDER SELL FLATS AND GET MONEY IN THEIR RESPECTIVE HANDS.
12 October 2016
No service tax applicable if flats were sold after completion certificate. In case of sale under construction, service tax payable at 15% on 30% value of respective share of flats sold.