[aaykarbhavan] Query regarding Service Tax on Construction of Residential Units

Dear_,_.Dear_,___

Dear Members,

A query regarding Builder / Developer model in which a co operative society has undergone re development.

If a builder has re developed a society which involved 20 society members who were allotted 20 flats and additional 5 flats were sold to outsiders directly by the builders.

In such a case, whether the criteria of 12 or more residential units for applicability of service tax will be applied or not. The basic contention is the builder has not received any amount from the 20 society members and he has actually constructed and sold only 7 units which is below the limit of 12 as prescribed by law.

Kindly guide and if any case laws are applicable, kindly provide the same.



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Thanks in Advance

 

CA Jayesh Kulkarni
9821177414 / 9324902770

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