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Govt notification on no service tax for ready to move flat

Swapnil (Others) (34 Points)

31 March 2016

Hi all,

I think there is a govt rule that if I am purchasing a ready possession flat from a builder, then the builder cannot charge Service Tax and Vat from the buyer (because it is not a service anymore) on the paid amount. But If it is under construction flat when I make the payment, only then they are allowed to charge the Service Tax + Vat.

So far so good. My question is - Does anyone have (or can I get it from somewhere) the notification or gazette from the government which clearly mentions this? I need to take this notification and take it to the builder from whom I am purchasing the ready to move in flat, on which he is insisting that I need to pay him Service Tax + Vat.

Any help will be appreciated !

Thanks,

Swappy

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2 Replies

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (180927 Points)
Replied 06 August 2016

In terms of Section 66B of the Finance Act, 1994, as amended from time to time, service tax will be leviable on all services provided in the taxable territory by a person to another for a consideration other than the services specified in the Service Tax Negative List.

.......

Section 66E – Declared services

[The following shall constitute declared services, namely:—

(a) renting of immovable property;

(b) construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration is received after issuance of completion-certificate by the competent authority.