service tax

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

14 March 2011 If Assesse enter in to the agreement for development of Land with developer.but do not give right to developer to sale the land.so the consideration received for giving right to the developer to develop the land will attract Service tax?,
This transaction will not attract Capital gain being no possession and no sale right to the development for the time being.

CA Unnikrishnan Nair N

CA Unnikrishnan Nair N (Expert)
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15 March 2011 If consideration is in the form of percentage of the plinth area of the building, department can allege that the developer provided construction service to the land owner and hence developer is liable to service tax. After that when the land owner sells his share of the building to final buyer, again department may allege that he provides construction service to the final buyer.