Log in Register

Login to your account

Username *
Password *
Remember Me

Create an account

Fields marked with an asterisk (*) are required.
Name *
Username *
Password *
Verify password *
Email *
Verify email *
Captcha *
View more blog entries

Consult Construction

Consult Us For Construction

CESTAT : Maintenance deposit collected by builder before society formation non-taxable; Follows earlier ruling

Posted by on in Service Tax
  • Font size: Larger Smaller
  • Hits: 1983
  • 0 Comments
  • Subscribe to this entry
  • Print
  • Report this post

‘One-time maintenance charges’ collected by builder-assessee from flat purchasers not exigible to service tax u/s 65(105)(zzg) of Finance Act as “maintenance or repair services”; Relies on earlier ruling in case of Kumar Beheray Rathi & others, where co-ordinate bench observed that builders / developers act only as trustees / pure agents of flat owners’ funds and cannot be held as providers of maintenance or repair service; Co-ordinate bench ruled, builders pay on behalf of customers / flat owners, to various authorities like Municipal Corporation and service providers such as security agency & cleaners and do not charge anything of their own; Moreover, deposit account shifted to flat owner's Co-operative Society upon formation as per statutory obligation under Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 : Mumbai CESTAT

Rate this blog entry:
47
Trackback URL for this blog entry.

Comments

  • No comments made yet. Be the first to submit a comment

Leave your comment

Guest
Guest Thursday, 23 November 2017

Like us on facebook

Twitter Feed

ConsultC A brief presentation on various issues being faced by the real estate sector under GST... https://t.co/2hTJZOvIQJ
ConsultC RERA - Certiication issues faced by Institute of Chartered Accountants of India https://t.co/wdJ0NSNYvh

Address

Address:
304, Super Plaza, Sandesh Press Road, Vastrapur, Ahmedabad
Gujarat-380054
Tel:
+91 - 079 - 40032950
E-Mail:
This email address is being protected from spambots. You need JavaScript enabled to view it.
Website:
www.consultconstruction.com

markerFind on Google Maps

Who we are

We are Ahmedabad based professional consulting firm. We are providing various services to Construction, Real Estate and Project Companies in various areas like Indirect Taxation – Service Tax & Multi state VAT consultancy, ERP implementation, Site & Management audit, Designing Tender & other related contractual documents etc.