Claim for service tax refund

N.V.KUMAR (Senior Management) (48 Points)

12 June 2009  

I entered into an agreement  in 2006 with a flat promoter for purchase of a flat in a residential complex promoted by him. The purchase price was paid in instalments as per the initial agreement and service tax was also collected on each instalment. The constructed flat was handed over to me in early 2009. As per the recent notification dt 29-01-2009, it seems that Service tax is not applicable for such promoters. If this is true how to claim refund of  the  amount already paid?. Who is to file the application?- The buyer or the Promoter?- I will be grateful for any clarifications and guidance in the matter.-Kumar