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JVS Manyam (Builder)     08 January 2014

Service tax on apartments

Sir, Kindly clarify me about s ervice tax liability.... As, I had not collected any amount from the customers at the time of registration from 1.7.2010 for both finished  or un finished flats.  But, I clearly mentioned in their Registered Sale Documents that any taxes payable to the Government or Local bodies such as Sales tax, Service tax, etc., shall be payable by the buyer (customer) himself. Now, in this case how far the builder is liable to pay service tax to the Govt. from my pocket, or now can I collect service tax from the customers and pay it to Govt. Please clarify my doubt.



Learning

 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     10 January 2014

1.  Serve a legal notice to the flat-purchasers, for payment of the relevant taxes, citing the relevant clauses of the flat-purchase-agreement.


2.  File criminal case for breach of trust, against the above defaulters.  This may work.  IF it does not work they pay all the relevant taxes, yourself, since the period of limitation for recovery of such amounts is now over.


Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar

T. Kalaiselvan, Advocate (Advocate)     12 January 2014

If the clause has already been mentioned in the sale agreement itself, you can quote the same to the owners and demand the tax amount and transmit the same to the government. About the rates, you can consult a tax consultant.


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