alok arunkumar bhagat (PRACTICING LAWYER) 17 November 2008
Vineet (Director) 02 November 2009
No service tax vide Circular No 108/02/2009-ST
Advocate Suresh Kumar T V (Advocate & Indirect Tax Consultant) 08 March 2010
service tax in exemption only if the undivided portion of land and building transfered simultaneously to the purchaser from the builder by way of sale deed. otherwise service tax applicable.
Vineet (Director) 10 March 2010
Dear Mr Kumar,
The case referred by you is for construction agreement which in any case falls under the ambit of service tax. In case of builders and developers generally the residential unit is sold as whole alongwith undivided share of land. So far the Service tax exemption was available to developers of complexes but with recent amendments as proposed in Budget 2010, the developers are once again being brought under Service Tax net.
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