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Service Tax & VAT on sale of flat

Prateek (Student) (97 Points)

25 January 2017

Should the buyer pay VAT & Service Tax if Occupancy Certificate is received by the builder for the entire project and the total consideration will be paid only after the receipt of such certificate . If no service tax should be paid then please quote the relevant circulars supporting it. Is there any other way through which such taxes can be saved?

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Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (176838 Points)
Replied 26 January 2017

No.

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.

Similarly VAT is state subject, and any such VAT notification would be available with respective department.