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Service Tax to Builder

QuestionsService Tax to Builder
Profile photo of Sunil TallaSunil Talla Staff asked 2 weeks ago

Dear Team,

I recently purchased a finished flat for 28 lakhs in Hyderabad in which bank has funded 24 lakhs. Now, builder is insisting me to pay 1,80,000 towards service tax and VAT for which I am clueless as why builder is imposing the charges on customer, do we need to pay service tax to buy a apartment? please help me with your inputs.

Appreciate your help.

Thanks

Sunil Talla

1 Answers
Ankit JainAnkit Jain Staff answered 2 weeks ago

If you are buying a ready to occupy flat; in case the builder has developed the project to 100% & obtained the occupancy certificate for the same before selling it to you – it’s a product being sold. There is no service component involved in this and hence you don’t have to pay any service charges. 
Note: Ancillary services provided by the builder, even if the property is ready to move in, will attract service tax – but only on the service charge, not on property value. Ex. service tax will be payable on property maintenance charges.

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