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TMI BlogWHAT IS SERVICE TAX PAYABLE?X X X X Extracts X X X X X X X X Extracts X X X X ..... WHAT IS SERVICE TAX PAYABLE? X X X X Extracts X X X X X X X X Extracts X X X X ..... cum Valuer, construction started in February,2008 and 80% work was completed by May,2010.The builder submitted information to this fact in Range office in July,2010 along with above certificate of valuer when explanation regarding deemed service provision was added in the definition of construction service. Remaining 20% construction work completed after july,2010. Builder receives 80% of flat pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice from prospective buyers after July,2010 and propose to take rest 20% at the time of registry in April,2010. On what amount service tax is payable. Reply By raj kumar shukla: The Reply: it appears that the experts take up the questions relating to theory better rather than numericals Reply By raj kumar shukla: The Reply: No takers for this query.Is Mr Pradeep khatri listening? Reply By Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adeep Khatri: The Reply: The concept of the Deemed Services was stayed by the High Court of Mumbai in the case of Maharashtra Chamber of Housing Industry, wherein, an interim stay was granted on the grounds of questioning the constitutional validity staying the imposition of service tax on for the said amendment made in Finance Bill 2010, further the judges ruled that " No coercive steps will be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken against the developers for recovery of service tax in relation to the provisions in question". Further, right in the property accrues to the owner only on execution of Sale deed and not otherwise. If advances are paid before 1st July 2010, then there is no service tax liability. Such advances are specifically exempted by Notification 36/2010 dt 28/06/2010.However any payment of advance shou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld also not be impacted, since the matter is stayed by Mumbai High Court. If the Agreement to Sell with the customer is for the value that also includes value of Land as well as Construction cost, then an abatement of 75% is allowed. For the purpose of calculating the service tax, the taxable value will be treated at 25% of the Agreement to Sell value. Eg: Agreement to Sell Value (Including Land ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Value) - Rs. 50,00,000/-. The value for the purpose of computing service tax will be 12,50,000 (25% of 50,00,000). The service tax amount will be Rs. 1,28,750/-. The 75% abatement is available effective 1st July 2010. Refer Notification No. 29/2010-S.T., dated 22-6-2010. Reply By raj kumar shukla: The Reply: Thanks but the main question is whether the fact of completion of 80% work without takin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g any advances from customers before introduction of deemed manufacture concept will in anyway set off the service tax liability.in other words, Is service provider entitled to pay service tax on the rest of construction only, valuation aspect and abatements notwithstanding?
Reply By gorantla nagaraju:
The Reply:
i am telling that service tax payable only 80% amount X X X X Extracts X X X X X X X X Extracts X X X X ..... dge Sharing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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