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Sunil (Service)     30 December 2013

Need help with service tax

Hi ,

 

I need help in knowing Service Tax and VAT rules. I purchased a flat in Pune . Date of agreement is 27-12-2010 .

My  Builder asking me to pay Service Tax now that too in cash of something around 60k .

Please advise whether i am liable to pay the service tax.

 

Regards

Sunil Takhtani

9766932781


Learning

 4 Replies

Pooja Hegde R. (Advocate)     30 December 2013

Avoid paying anything in cash or bearer's cheque. DD or crossed cheque is always safer. Advice without looking at your documents is not possible. Even so, I dont like this situation because if the builder has a clean purpose then why ask for cash? Advocate Pooja Hegde R.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 December 2013

Those who purchased flat/unit in the apartment in the year 2010 and registered after 1.7.2010 will have to pay service tax @ 2.57% since the rate has been increased to 12.36% with effect from 1.4.2012 those who have registered their flat/unit after 1.4.2012 will have to pay 3.09% of the agreement value.

Pooja Hegde R. (Advocate)     31 December 2013

You can look into your documents and calculate on the basis of what is stated by Ramchary. But do not pay in cash or by bearer's cheque. Crossed cheque or DD will keep a track of the payment.Then u wont get harassed into paying again. All the best.

saravanan (articled assistant)     19 April 2014

Hi Sunil,

Based on the background of your case, i understand that your query is most specific only to the applicability of Service Tax in the instant transaction.


Considering the provisions of Service Tax law, Service Tax would be applicable on the said transaction to your service provider. 

 


With respect to your builder's delay in charging Service Tax in his initial bill, I would like to point out that in the case of Max New York Life Insurance Co Ltd Vs Insurance Ombudsman and Others reported in [2013] 57 VST 514 (Ker), the Hon’ble HC has held that a service provider who does not disclose the prevailing statutory duties and levies at the time of transaction is not entitled to claim such taxes and levies from the consumer at a later stage during the course of continuing service.

Hence, you may deny to pay the Service Tax on the ground that he has not charged the service tax on the initial bill.


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