Service Tax Refund Rules
Question: I have purchased an apartment in chennai. The builder has charged and claimed service tax. Can he do so?
It is an apartment complex with 58 flats based at Chennai. I understand the ruling that Service tax is not applicable for apartments in Chennai was issued on Jan 29, 2009. Inspite of this, builder has claimed service tax. I have paid the tax amount in full settlement of the apartment. Can I ask builder to refund the service tax amount to me? How do I get the amount back if builder refuses to refund? How can I ensure that builder applies for refund from Govt.? Builder claims that GO has not been issued. Pl advise.
Answer: First of all,pl.check that the builder has got service tax reg.no.or not.If doesn’t have a no.,he can not charge it.As regards rule that it is applicable on flats or not,whether applicable on some fraction of the total cost of flat,pl.check it with central excise dept.There also you can cross check the regn.no.as given by builder.
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