Pradeep Jain - Chartered Accountant

I am going to purchase an apartment house. I required the following clarifications. 1.Service tax is applicable whether only at the time of Registration or at the time of hand over the apartment? 2) Car Parking is inclusive of service tax? 3)I have made payments from Sep 2010. Just I want to know the rate applicable at the time of payment or reciept time of flats? 3)Is service tax attracts on Car parking area?

1) The payment of service tax depends on the nature of the sale i.e. if you are buying a apartment under construction and payment is being made in installments then ST is applicable. But the completed apartment is being purchased (after issuance of completion certificate by competent authority) then no service tax is applicable. Supposing there is ST liability on you then as per the provisions of service tax, w.e.f. April 1, 2011 service tax is liable to be paid on accrual basis or receipt basis whichever is earlier. But the construction of complete complex takes a long time then it will fall under continuous service. The point of taxation will be every point when the payment is due as per agreement with the builder. Hence, the service tax will be payable on each such time. 2) Certain services were listed in the negative list as well as in the mega exemption notification no. 25/2012-ST dated 20.6.2012 which were exempted. One such service listed in the mega exemption notification was “Services by way of motor vehicle parking to general public excluding leasing of space to an entity for providing such parking facility” was also exempted. However from this budget, this exemption has also been removed. Hence the Car parking will be chargeable to tax. 3) We are unable to comment on the third query as it looks a bit unclear on reading and the question raised is not clear.

Sir, we are a taxpayer dealing in health care services. We have been making supply on which tax was payable by us but we have not paid the same erroneously. The same has been pointed out by department recently. Please suggest whether we have to pay interest and penalty along with tax.

As per sub-section (5) and (6) of Section 73 of CGST Act, if you have made payment of tax and informed the same to the department then the department ...
Sir We are dealing in trucks. We have received an export order from foreign buyer. We wish to procure trucks from 5 different manufacturers and supply them directly to the port without receiving on our own premises. Can we do the same to take benefit of merchant export by paying tax @ 0.1%.

. Yes, as per Notification 41/2017-intergrated tax (Rate) dated October 23, 2017, benefit of notification is available only when the material moves fr ...
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