September 1, 2016
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5:54Now PlayingExpert: Pannkaj Ghadiali, Managing Partner at PC Ghadiali and Co LLP.
Question: Could you please give me clarification on the Delhi High Court verdict on service tax payable for an under-construction flat? Should we pay service tax or no?
Answer: The law on Service Tax is still evolving. The Delhi High Court judgement may already be challenged before the Supreme Court. So as of now although you can take shelter of the solitary judgement, may be if the Supreme Court judgement is not in favour, you may have to pay the service tax with interest. The builder may take a different view and if he decides to pay the service tax, he will want to recover it from you. In the soon to come GST, this issue may be well covered by the law. So in my opinion you should pay and in turn the builder can pay under protest.
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