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Q. > Please Help: Service Tax Applicability
I have one query related to aaplicability of Service Tax.
One of my client(Builder) purchase a land and handed over to contractor for purchase of Flats over there. Contractor completes the building and after that the same will be sold to customers. Each unit will comprises of 4-5 flats but during the year total flats will be 15-20 flats. So in this case whether the service tax will be applicable on contractor or builder. And if applicaple on anyone how the valuation will be done.
Please help
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Comments
aMIT GUPTA
05-Nov-2014 , 10:39:24 amIn the above case,service tax is liable on builder.The builder is liable to pay service tax @3.09% or 3.708% on gross amount charged except ifms,idc or edc.
ATIT D. SHAH
05-Nov-2014 , 05:25:43 pmIn the above case, Contract(Assumed total value will exceed 900000 per contractor) will be charged to service tax under works contract service @ 4.944% (If contract is of labour+material) else 12.36 (if only of labour), Even builder will be liable to Service tax @ 3.09%(if carpet area is below 2000 Sq. Ft.) else 3.708%(if carpet area 2000Sq. ft. or more), However in both the cases builder will be able to take credit of Service tax charged (if any) by the contractors. However you also have to see the whether booking is receive after or before obtaining completion certificate from the concerned Municipalty or Panchayat
Sapan Dalal
10-Nov-2014 , 09:10:06 pmContractor provides services which is in relation to main services...so he is liable to service tax...builder provides main services so exempt from tax...correct me if find any error...