Q: Let me know the procedure/forms to claim the service tax refund for under construction property in Bangalore. any documents to be collected from builder ? forms to submit to revenue department
In Recent case, the Delhi High Court has held that no service tax can be levied on flats purchased prior to June 1, 2012, which has bring cheer to thousand of home buyers across the country.
1) Collect the flat buyer agreement and invoices raised by the developer from time to time mentioning the service tax amount, and receipts confirming the payment of said invoices
2) Approach the developer with a copy of the High Court order and apprise them of the legal position
3) Ask for the copy of service tax returns filed by the developer during the relevant time along-with challans for deposit of tax
4) Get an undertaking/affidavit signed by the developer that entire service tax collected for the project has been duly deposited with the government and
5) Approach the service tax authorities with the above documents and seek refund of the service tax amount