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Am i liable to pay service tax to builder or can i claim refund.


31-Mar-2023 (In Property Law)
Property has been purchased in Nov, 2014(Ajnara Homes) under Subvention Plan. There is a Final Demand by the Builder which Includes Service tax. Am I liable to pay service tax on the same or how can i claim my refund which has already been paid. 
Answers (1)

Answer #1
776 votes
The Delhi High Court bench in a case observed that the Rules framed under the Service Tax Act 1994 did not provide for a mechanism to calculate the component of “service” in a contract between a buyer and builder. Thus, you are not required to pay the service tax for that purpose.
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