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KST (DCM)     02 May 2016

Land lord / builder who to pay service tax development

Dear Forum,

In Andhra Pradesh, Visakhapatnam. We are giving our self acquired land of 764 Yards for developing a residencial apartments purpose to a builder, for that Builder is providing us 10 complete constructed flats to retain with us, and the remaining 10 flats he is selling to procure revenue and raise funds for constructing the entire 20 flats apartments. In this regard builder asking us to pay the Service tax, Vat tax, Capital gain tax for our share of 10 flats.

My query is when we do not want to sell our share of 10 flats, why do we need to pay service tax, if at all how much percentage.

Also Builder is providing service for us for giving 10 flats share, for the same he is also availing (50%) of land I mean 10 flats in same venue, then he is service provider.

As soon as please reply.....

Thanking you. 



Learning

 1 Replies

suresh sharma   03 May 2016

The flats that you are getting from the builder are under the barter system in lieu of the land relinquished by you the construction of builder's share of flats. you need not pay anything because you are not purchasing from the builder. However if you have entered into agreement with the builder on a term that entitles him to get taxes from you then you may have to pay. Pl verify the agreement.


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