• Tax on the under constrution property

I bought an independent house in 2014 in bilaspur, chhattisgarh at 35,51,000 in which land cost 6,65,000 and construction cost 29,01,000 . I want know about how much service tax i have to give. Amount paid to builder -
Date amount
26-jun-[deleted],000
26-jun-[deleted],00,000
28-jun-[deleted],000
10-jul-[deleted],00,000
15-jul-[deleted],000
15-jul-[deleted],00,000
12-aug-[deleted],850
17-sep-[deleted],00,000
19-dec-[deleted],79,976
27-jan-[deleted],39,976
14-dec-[deleted],55,000
30-mar-[deleted],88,000
20-oct-[deleted],000
21-oct-[deleted],00,000
12-apr-[deleted],221
total 3,51,000

The builder is saying that service tax is 1,74,060. Is it correct if not than what is the right amount?
Asked 5 years ago in Service Tax

First of all we are not able to see your amount that you paid and it's relevant dates they have been deleted so kindly post it again.

Secondly since you had paid builder before completion of property he will charge service tax and gst if payment even made after July 2017.

Now if your area of house is below 2000 sq feet the service tax would be 3.75% on the amount paid if the area is above 2000 sq feet the rate would be 4.5% and in budget 2016 I guess there was an amendment in service tax and rate was changed to 4.5% for all construction and in gst the rate is 12%.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4272 Answers
97 Consultations

5.0 on 5.0

Hi,

Hope you are doing well !

Due to some technical errors, we are not able to see dates & amounts.

However, you will be liable to pay GST as well as service tax.

The law allows you to opt for 30% of the value of the agreement as the service component, and pay the service tax on that portion. Hence, the levy of service tax effectively comes to 4.50% (i.e., 30% of 15%) of the agreement value (Assuming house area is above 2000 sq feet ).

2. In case of purchase of under-construction residential or commercial property, from a builder, involving transfer of interest in land or individual share of land to the buyer, the effective rate of GST for such purchase would be 12%, with full ITC.

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

Hi,

Due to some technical issue, I cant see the date and the amount that you have posted. However you will be liable to both Service Tax and GST depending on when you made the payment. Any payment made before July 2017 will be liable to Service tax and any payment post that will be subjected to GST.

Regards,

Nikhil.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

4.8 on 5.0

Hi,

All the dates have been deleted.

Can you repost the question with dates and why builder is asking services tax now?

Lakshita Bhandari
CA, Mumbai
5687 Answers
910 Consultations

5.0 on 5.0

Service tax was levied on the construction cost. There was abatement of 75% i.e. effective rate was 25% of 12.36% or/and 15% depending upon the period. You need to calculate the figures individually i.e datewise.

Vivek Kumar Arora
CA, Delhi
4845 Answers
1038 Consultations

5.0 on 5.0

Hi,

Please repost your question.

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

5.0 on 5.0

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