Property Mumbai

  • Subscribe to our RSS feed.
  • Twitter
  • StumbleUpon
  • Reddit
  • Facebook
  • Digg

Thursday, 5 February 2009

Flat buyers exempt from service tax

Posted on 13:06 by Unknown
What happens to people who have already paid service tax ? Will that tax be refunded by the builders to the buyers ? As usual the order is incomplete and ambigous. Kudos to the tax board.
DNAIndia reports.

Mumbai: The Central Board of Excise and Customs (CBEC) has made it clear that flat buyers, developers and builders are not liable to pay service tax.

In a circular (F.No.137/12/2006- CX.4) issued on January 29, the board has said that generally, the initial agreement between the developer (promoter/builder) and the buyer is an "agreement to sell". As per provisions of the Transfer of Property Act, this does not "create any interest in or charge on such property".

It is only after the construction is completed and the agreed sum is paid that a sale deed is executed, transferring the ownership of the property from the builder/developer to the buyer, the board has said.

Any service provided by the developer during the construction of a residential complex -- before the execution of the sale deed -- would be "self-service" and, consequently, not attract service tax, the board has clarified.

If the buyer enters into a contract for construction of a residential complex for personal use with a developer (promoter/builder), who provides design, planning and construction, then such an arrangement would also not invite service tax.

Flat buyers don't need to pay service tax
It is excluded from service tax under the definition of "residential complex", the board has said.

However, in both these situations, if services of a contractor, designer or a similar service provider are taken, then such persons would be liable to pay service tax, the circular says.

The board has clarified that the builder is not a service provider and, hence, not liable to collect service tax. But contractors or designers engaged by the builder should charge service tax from him.

The Authority for Advance Ruling had in the case of Hare Krishna Developers ruled that the builder/developer was liable to pay service tax.

But in the case of Magus Construction Pvt Ltd, the Gauhati high court had ruled that the builder/developer was not liable to service tax.

The two conflicting judgments had created confusion, which the CBEC circular has now put to rest.
Email ThisBlogThis!Share to XShare to Facebook
Posted in taxes | No comments
Newer Post Older Post Home
View mobile version

0 comments:

Post a Comment

Subscribe to: Post Comments (Atom)

Popular Posts

  • Builders and their inflation predictions
    It comes as no surprise to me that the members of the real estate community including investors are disappointed at the contents and comment...
  • Some sense returning to the real estate market
    Mint reporting on the slowdown in PE deals. New Delhi: India’s real estate party may be cooling down rapidly. Global private equity firms sa...
  • Montek says Goldman Sachs analyst is wrong
    “We think the Reserve Bank of India will need to raise effective policy rates by 300 basis points in 2010 to bring policy rates to neutral, ...
  • BMC plans ot hike property taxes
    Finally property dealers are acknowledging that property prices are beyond reach in Mumbai along with the fact that there are too many apart...
  • India's residential sector likely to see oversupply - Crisil
    Crisil reporting accurately on the state of the housing market in India. >>> Real estate companies have been launching newer resid...
  • Laughing Waters is no Laughing Matter
    http://www.bangaloremirror.com/index.aspx?page=article&sectid=1&contentid=2011020420110204081607853b53eeb38 An IT czar, two top-notc...
  • Rajus' land bank could be much bigger
    Farfetched but true. The greed for land is has sunk a solid cash cow business built on cheap labor, dollar arbitrage and government subsidi...
  • Battle for Mumbai's skies set to begin
    Times of India reports Mumbai: The skyline of congested areas in Mumbai like Girgaum, Grant Road, Bhuleshwar Nagpada and Parel could soon be...
  • Observations On China's Bubble, Or The "Lose-Lose" Reality Of A Financial Cocaine Addiction
    Not from India, but we are not very far behind in speculation.... Jim Quinn's has penned a good post on the "mother of all bubbles...
  • Housing bubble comparisons - US vs India
    Rediff.com has an article bankbazaar.com on the reasons why the US housing bubble went bust. At the end of the article there is a paragraph ...

Categories

  • "bubble diagnostics"
  • "fortune tellers"
  • "investor activism"
  • "Santa Cruz"
  • 2G scam
  • a
  • Ahmedabad
  • alibaug
  • Ambani
  • asbestos
  • bad loans
  • Bangalore
  • banking
  • bankruptcy
  • base price
  • bear market
  • BJP
  • black money
  • bollywood
  • BRICS
  • brokers
  • bubble
  • budget
  • budget 2012
  • builders
  • bust
  • chandigarh
  • Che
  • chennai
  • Chidambarm
  • china
  • Cialdini
  • classifieds
  • Commercial RE
  • common sense
  • Congress
  • consumer protection
  • corruption
  • credit infusion
  • criminal
  • crisis
  • deals
  • debt
  • default
  • Delhi-NCR
  • diagnostics
  • discount
  • DLF
  • documentary
  • dubai
  • economy
  • EMI
  • Europe
  • exodus
  • exurbs
  • f
  • fire-safety
  • fire-sale
  • floods
  • FMP
  • foreclosure
  • fraud
  • fsi
  • Goa
  • goldman sachs
  • group purchases
  • GST road
  • guidance
  • gujarat
  • gulf
  • h-1b
  • Haridwar
  • hinjewadi
  • HNI
  • housing crash
  • hyderabad
  • hyderabjaipur
  • i
  • idiot
  • indiastockmarketbubble
  • inflation
  • Influence
  • infosys
  • interest
  • interest rates
  • investments.
  • investors
  • ipl
  • IPO
  • italy
  • jaipur
  • kbc
  • kerala
  • kochi
  • kolkata
  • land
  • layoffs
  • legal
  • Lehman
  • leverage
  • loans
  • lobby
  • London
  • luxury homes
  • maha-mumbai
  • malls
  • mantri
  • Maraimalai Nagar
  • marathi
  • marketing
  • Maytas
  • mba
  • media
  • Media; Times Group;
  • morons
  • mumbai
  • Mysore
  • nagpur
  • nashik
  • navi mumbai
  • New York
  • NRI
  • paid news
  • PE
  • pending approval
  • politicians
  • poll
  • property
  • protest
  • prudent investing
  • psu
  • pune
  • raids
  • RBI
  • realtors
  • realty funds
  • recession
  • redevelopment
  • regulator
  • repossession
  • Residential RE
  • retail
  • Rishikesh
  • Rupee
  • Russian Mafia
  • saneprice.com
  • scam
  • sea-link
  • Sensex
  • sez
  • shops
  • singapore
  • skywalk
  • slowdown
  • speculation
  • sra
  • srk
  • stocks
  • stone
  • subprime
  • suckers
  • taxes
  • tdr
  • telangana
  • terrorist attacks
  • theft
  • tides
  • touts
  • townships
  • trumpet
  • twitter
  • ULCA
  • unemployment
  • Unitech
  • unscruplous builders
  • unscrupulous builders
  • USA
  • value
  • vastu
  • Vizag
  • wikileaks
  • yale
  • zoning

Blog Archive

  • ►  2013 (11)
    • ►  September (2)
    • ►  August (1)
    • ►  June (2)
    • ►  April (2)
    • ►  March (1)
    • ►  February (1)
    • ►  January (2)
  • ►  2012 (34)
    • ►  December (1)
    • ►  November (2)
    • ►  October (4)
    • ►  September (1)
    • ►  August (1)
    • ►  July (3)
    • ►  June (4)
    • ►  May (2)
    • ►  April (2)
    • ►  March (3)
    • ►  February (6)
    • ►  January (5)
  • ►  2011 (49)
    • ►  December (6)
    • ►  November (7)
    • ►  October (3)
    • ►  September (2)
    • ►  August (2)
    • ►  July (2)
    • ►  June (5)
    • ►  May (4)
    • ►  April (5)
    • ►  March (5)
    • ►  February (3)
    • ►  January (5)
  • ►  2010 (95)
    • ►  December (1)
    • ►  November (7)
    • ►  October (6)
    • ►  September (6)
    • ►  August (4)
    • ►  July (7)
    • ►  June (8)
    • ►  May (10)
    • ►  April (9)
    • ►  March (16)
    • ►  February (9)
    • ►  January (12)
  • ▼  2009 (160)
    • ►  December (12)
    • ►  November (9)
    • ►  October (11)
    • ►  September (10)
    • ►  August (13)
    • ►  July (10)
    • ►  June (13)
    • ►  May (10)
    • ►  April (13)
    • ►  March (18)
    • ▼  February (21)
      • Influence: The Psychology of Persuasion by Robert ...
      • Unscrupulous real estate brokers will cheat you
      • NRI realty investments drop by over 50%
      • DLF slashes apartment prices on OMR
      • Goldman Sachs Research - Building up to a crisis
      • For a responsible citizen, is investing in land th...
      • Prices of starter homes
      • Non-Immigrant visa and the housing bubble
      • The end of Secret Swiss banking
      • Inviting bloggers to contribute to the blog
      • 20,000 defaulters to lose homes
      • Baseline scenario outlook on India
      • ICICI CEO and DLF talk price corrections
      • Al-Jazeera's coverage of the Indian housing bubble
      • DLF feels the heat of CNBC's coverage
      • Hiranandani Faces Penalty, Denies MMRDA Violation ...
      • Flat buyers exempt from service tax
      • U.S. Housing Slump Has ‘Just Begun,’ Says Forecast...
      • EMI Quiz
      • Realtor debt to be twice revenues
      • Builders and their inflation predictions
    • ►  January (20)
  • ►  2008 (142)
    • ►  December (10)
    • ►  November (13)
    • ►  October (19)
    • ►  September (5)
    • ►  August (11)
    • ►  July (11)
    • ►  June (9)
    • ►  May (18)
    • ►  April (11)
    • ►  March (8)
    • ►  February (14)
    • ►  January (13)
  • ►  2007 (8)
    • ►  December (8)
Powered by Blogger.

About Me

Unknown
View my complete profile