I purchased apartment in Saffron Hillscape from Shree Keshariya Developers in 2015. They did not start construction of the D building untill 2018. But I had already paid 24 lacs to the builder and done registration. The builder had collected 1.25 lacs as service tax untill then. On cancellation Builder returned 24 lacs and I got refund of stamp duty and Registration minus some arrears from PMC. Now the issue remains of service tax recovery. Builder has not given me any account or receipts of service tax of 1.25 Lacs. He claims that he has paid service tax everytime we made a payment and it is not possible to give me any revord of his service tax payment records . and that he pays lumpsome service tax to the government. His CA will not assist in this regards. He will provide me his service tax registration number and his GST registration number. and his ledger details pertaining to my transactions. I want to now pursue with the service tax retrieval from government.
Dear Sir,
Hope you are doing well !!
Only he can provide you refund of such service tax as consumer can't ask for service tax refund.
However you can try and go to the service tax department along with his service tax registration number and your accounts that this person had collected service tax from you and now when you are cancelling the transaction he is not refunding the amount.
The refund process was once launched where buyer were allowed to fill a form and claim refund of excess service tax collected by developers for part of land and that was also allowed within 1 year of payment of service tax.
Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.
Thank you.
Hi,
Builder should pay you back your service tax amount. I. Not sure whether service tax department can help you in this.
You should reach out to a lawyer.
service tax was deposited by the builder therefore only he can claim the refund from the government and refund to you. It is not possible that you collect it from the government but for builder also it is difficult to get it back.
Thank you all 1. What section number in Service tax law says that service tax refund to builder can happen only within one year of payment of service tax. In essence does it mean that if you cancel a non constructed flat after 1 year of payment of service tax, then no refund will ever happen to the builder. 2. I know now from your answers that only the builder gets the refund if any. But I want ti be armed with discreet evidence that truly builder deposited service tax and builder got refund and did not pass it onto me. Hence I want service tax department to give me this data. 3) and whether there are provisions to query service tax department and what are the laws that protect a customer's money
Yes you can meet officer of service tax and ask what are the possible solutions.
There are no such laws highlighted. The law just says that if someone wrongfully charged Service tax from customer then service tax department will collect it from such supplier and if no client claim for refund they will deposit it in consumer welfare fund.
You need to go and meet the officer personally to know what you can do.
HI,
Yes, you can meet service tax officer personally and explain everything.
You may get a chance of refund.
Hello,
Builder is required to refund you the service tax paid by you.
You can't claim it form the Government. But if the builder isn't helping you, you should reach out to the service tax department.
I hope this answer satisfies your requirement.
Regards,
CA Hunny Badlani
Yes, you should reach out to the service tax department.
1. It is not valid.
2. You van visit the department and cross-check it.