i have a case in which client is a real estate developer building housing complex. It used to collect advance against booking of flat from the customer and liable to pay service Tax. the issue is that if the present customer cancel the booking of flat and the new customer booked the same flat then what are implications of service tax on new booking. Is the client is liable for service tax?
03 April 2013
In case, you refund the total amount on cancellation of Flat you are eligible for recredit of Cenvat paid. Charge ST from your new customer and pay it through your cenvat. In other words the ST already paid will be adjusted for ST on new booking. Pl. ensure that you file your return correctly for that period.