Abatement under notification 26/2012 for developer

CS SAJU PHILIP MANALEL (Company Secretary in Practise)   (157 Points)

22 November 2013  

A ltd entered into a contract with B Ltd whereby A Ltd will develop a housing project on the land owned by B Ltd under the brand name of A Ltd.

Entire cost of the project will be met by A Ltd and it also take booking from the prospective buyers in its own name.

Upon completion B Ltd will execute the sale/coveyance deed in favour of the buyer.

B Ltd will be paid consideration in money by A Ltd for development rights.

Now my query is

1) whether the transaction between A and B is taxable under service tax

2) whether A Ltd is entitled to avail abatement of 75% under notification 26/2012. would it be denied on the ground that the land is not owned by it

CS Saju Philip