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Should I pay service tax on amount paid to builder post OC? - Property Hotline
Posted
December 29, 2016
Views
620
Likes
3
Engagement
0.48%
December 29, 2016
620
3
0.48%
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3:56Now PlayingExpert: Ashish Sodhani, Tax Expert
Question: I purchased a flat in Jaipur in 2015 and made an agreement with builder in June 2015, which said that the project is waiting for OC. The OC was given in July 2015 till which I had paid only 10% of the cost of the house. I’m aware that no service charge is applicable after obtaining OC, however I was still charged the same on the rest of the amount. Can I claim the service tax amount back?
Answer: There is no service tax on the property when it is completely ready. Service tax on residential property is levied only when it is under-construction. Now that you have paid, assuming it’s a residential property; therefore you should go back to the builder and ask him for service tax refund because it is the liability of the builder to pay the service tax to the government. Under the present situation, he was not required to pay. In case he has, then he will have to ask for a refund from the government.
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