Ganapathy Ram Venkatraman , Apartment Resident
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

Latest Answer: 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.

Q: Based on the recent Delhi High court order - the service tax paid for under construction apartment will be refunded with 6% interest. Can you let me know how do I request for a refund ?

Latest Answer: Thanks Rakesh. Is there a procedure to claim the refund from the revenue department? what documents to be submitted? your help is appreciated.

Q: 80% of construction completed. The builder is charging the VAT (5.5%) and Service tax (3.09%) on the total cost of the project ( Basic cost+ Car parking+ Amenities) - is this correct?

Latest Answer: As per the rules, from June 1st, 2015, Service Tax for an under-construction flat will be calculated at the rate of 14 % of the gross value of the property. But as there is a Government abatement of 75 percent (increased from 67 percent), tax will be levied only on 25 percent of the gross value of the property. The effective rate of service tax is therefore 3.5%. For example, The basic square feet price of your 1200 Sq Ft flat is Rs 4000 with PLC of Rs 100. Car Parking Charges = 3,00,000 Service Tax = [{(1200 X 4000) + 3,00,000} X .035] + [(1200 X 100) X 0.14] = Rs. 1,95,300 VAT differs from state to state. In your state if the VAT is 5%, you can extend that your flats construction material cost. All you need to do is ask your builder for the construction material cost of your unit and apply 5% on it and you will get a figure. For Example Construction Material Cost of your unit is Rs. 30,00,000 VAT = 30,00,000 X .05 = Rs. 1,50,000

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