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Service tax rate for the construction of service apartment

(Querist) 13 January 2015 This query is : Resolved 
Can anybody help me that what will be the effective rate of service tax for the construction of service apartments. Actually I got service tax registration for the service "construction services other than residential complex, including commercial/ industrial buildings" and applied abatement notification no. 026/2012 serial no. 12 and paid service tax by taking abatement of 75% (as carpet area is less than 2000 sq ft and amount is less than Rs. 1 Crore) and filed the return. Now ST-3 is showing an error that "Abatement notification no. 26/2012 and serial no. 12 is not applicable to the service." Pl help and thanks in advance.
Guest (Expert) 13 January 2015
For a Confirmed Result/Reply Consult the CA Club of the Same Forum whose E mail Id is available Just Below this Thread itself for a reply from Professional Chartered Accountants who would Guide you Professionally.
Anirudh (Expert) 13 January 2015
Obviously, you might not have fulfilled all the conditions attached for availing the abatement.
The conditions for eligibility of 75% abatement are:
(i) carpet area of the unit should be less than 2000 sq.ft;
(ii) the value of the land should be included in the amount charged from the service receiver;
(iii) the value of the goods or services supplier by the service receiver to the service provider;
(iv) the VAT, if any, levied thereon.
(v) The amount charged for the unit (after taking into account items (i) to (iv) should be less than Rs. 1 crore.

All the requisite information is available with you. Therefore, now verify whether all the conditions stated above stand fulfilled.

If you fulfill all the conditions, then take up with the Department.

If all the conditions are not satisfied then the error report thrown by the system is correct.
Rajendra K Goyal (Expert) 13 January 2015
Agree with the expert Anirudh.


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