sakelkar

MCHI is petitioner and it has sued "Central Govt and it Agencies" in Bombay High Court.

I think the court order is binding on the respondent, in this case "Central Govt and it Agencies" like Service Tax dept etc. And ST dept collects ST through various commissioners present in each state, therefore eventually those officers will have to obey court order and not the state govt.

Sameer

amjamirs2

Bombay High court do not have a jurisdiction limited to Maharashtra only. Its orders are binding on even central government departments.

I remember Raj thakare being summoned by some local UP court during the Marathi-Bihari issue.

skusare

Anybody has any updates on Service Tax issue ? High court decision was due on 3 Aug

sans_re

Mumbai Highcourt has issues conditional stay order on service tax. No need to pay anything to your builder for now.. wait and watch for next judgement as we know in India court procedures take longer time..

sacho19

is it applicable only to Maharashtra or all over India?
there is a lot of confusion over this, specially in Delhi NCR..

nitesh321

Could somebody please tell me the latest status about Service-Tax. Even on there being a stay from Mumbai HC, few builders are still demanding Service-Tax.

realacres

There is no ST + VAT here as the case is pending. If builders asks for the same, don't pay, simply inform that amount will be paid only after the verdict is given coz even the builders who have taken this sum from buyers have not paid to the Govt.

__________________
It takes Hands to build a House but only Hearts can build a Home!

nitesh321

Thanks for the update real. Is there a stay on VAT too?

ajoshi565

One important point in the discussion on Service Tax: (If & when it becomes payable):
The Service Tax is payable only for a "Residential Complex" - A complex being defined (in CBEC Notification) as Building with more than 12 residential units. So - incase you are buying a flat in a building with 12 or less flats - NO SERVICE TAX IS PAYABLE? Is this correct?

cyadav

Can any senior folks can throw light on same.

here are relevent sections (Source-http://www.servicetax.gov.in/st-actmainpg.htm)

65. Definitions (30a)
“construction of complex” means —
construction of a new residential complex or a (a) part thereof; or completion and finishing services in relation (b) to residential complex such as glazing, plastering, painting, floor and wall tiling, wall covering and wall papering, wood and metal joinery and carpentry, fencing and railing, construction of swimming pools, acoustic applications or fittings and other similar services; or repair, alteration, renovation or restoration (c) of, or similar services in relation to, residential complex


and
(91a)
“residential complex” means any complex comprising of—
(i) a building or buildings, having more than twelve residential units;
(ii) a common area; and
(iii) any one or more of facilities or services such as park, lift, parking space, community hall, common water supply or effluent treatment system, located within a premises and the layout of such premises is approved by an authority under any law for the time being in force, but does not include a complex which is constructed by a person directly engaging any other person for designing or planning of the layout, and the construction of such complex is intended for personal use as residence by such person.
Explanation. — For the removal of doubts, it is hereby declared that for the purposes of this clause, —
(a) “personal use” includes permitting the complex for use as residence by another person on rent or without consideration;
(b) “residential unit” means a single house or a single apartment intended for use as a place of residence;