Refund of ST, Possible?????

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Dear Freinds

 My client baught a flat in Builders model However due to prevailing controversy Our Builder did'nt agree to us and collected Servivce tax from him and paid with the department on the cost of flat. Now when the Guwahati High court in the case of magus construction made it clear that no ST is payable under builder model purchase of flat.

Now can we insist our builder to file application for refund of Tax and return us directly.

we are 48 owners and can be identified easily, if yes what should be our modus operandii

Replies (2)

Yes Servive Tax Refund Can Be Claimed By The Builder

He can file refund claim, but will not get refund due to unjust enrichment clause.  Further any amount collected as service tax must be depostited with the Goverment which appears to have been done.

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