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Service Tax on Builder / Developer

Service Tax - By: - Santosh thapliyal - Dated:- 27-6-2016 Last Replied Date:- 4-7-2016 - Background Levy of Service Tax on Residential / Commercial Construction has been matter of dispute which was settled by virtue of Notification No. 29/2010 dated 22nd June 2010 content of which is reproduced below: (1) (2) (3) (4) (5) 7(a). (zzq) Commercial or Industrial Construction This exemption shall not apply in cases where the taxable services provided are only completion and finishing services in relat .....

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t apply in cases where the taxable services provided are only completion and finishing services in relation to residential complex, referred to in sub-clause (b) of clause (30a) of section 65 of the Finance Act. Explanation.- The gross amount charged shall include the value of goods and materials supplied or provided or used for providing the taxable service by the service provider. This exemption shall not apply in cases where the cost of land has been separately recovered from the buyer by the .....

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e From 1st July 2010 till 28th Feb 2013 rate of Service Tax for Developer was 25% of effective rate of Service Tax From 1st March 2013 by virtue of Notification 02/2013 rate of Service Tax for a residential unit satisfying any one of the followingconditions, namely:- (i) the carpet area of the unit is upto 2000 square feet; or (ii) the amount charged for the unit is less than rupees one crore; then rate of Service Tax was 25% of effective rate of Service Tax otherwise it was 30% of effective rat .....

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at on Residential and Commercial Construction abetment @70% has been introduced in Budget 2016 making effective rate of @30% of 14.5%. Recently Delhi High Court in case of Suresh Kumar Bansal v. UOI 2016 (6) TMI 192 - DELHI HIGH COURT has held that Construction Service not liable to service tax for a period prior to 1st July 2012. The judgment of court is based on the ground that there is no valuation mechanism prescribed in the law and rate of service tax prescribed by notification is not valid .....

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