• service tax for small apartments

I am purchasing flat from dgpa holder/developer in an aprtment having only 10 flats(5 floors, 2 flats per floor) (muncipal permission is for stilt plus 4 floors only).
Builder is demanding to pay service tax over total flat value i.e nearly 1.2 lacs. I heard that apartments having less than 12 flats will not be charged service tax. please reply. Please send documentary proof link for the same to convince the builder
Asked 7 years ago in Service Tax

Dear Sir,

In my view, there is no such provision that service tax is not charged for apartment having less than 12 flats.

However in a recent case , Delhi high court has said charging of services tax on under construction flat is not valid. Please find the link below:

http://www.thelogicalbuyer.com/blog/no-service-tax-on-buying-under-construction-flats-rules-delhi-high-court/

Please feel free to call/revert in case of any doubts.

Thanks and Regards

Abhishek Dugar

CA CS B.Com

Abhishek Dugar
CA, Mumbai
3576 Answers
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