Hi,
Can anyone tell me on the current status of Government Service Tax. To my knowledge, the decision on this tax is pending in court and also, whether the decision comes or not, builders are not supposed to collect this tax directly from the individuals. Right?

But, I could see in GK Rhythm's cost-sheet "Government Service Tax as applicable". And, when I asked, I was told that I have to submit a check for the same. If that check amount is not used, they will return it back based on the decision of the court.

The amount is somewhere around 4% which goes to 1.25 lacs for a 2bhk.
Is it required? Need your smart opinions.
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  • What is the price per sq. ft. that u have booked in Rhythms??
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  • As per Maharastra state law in 2006 builders need to pay 4% service charge. You are right that builders need to pay it to government. But like all other service providers they can charge it to client. Almost all builders ask for cheque of 4% agreement cost which one can pay from bank where u do not have much balance. Few builders inform abt it at the time of booking others (cheaters)ask at the time of possession. Case is till in the court. Mr. Vilasrao deshmukh (when he was chief minister) promised to remove this service charges to promote construction industry but no action taken. Hope that builders will win the case and not government:). As government is taking stamp duty and registration charges they should not take these type of charges.
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  • pratap
    I haven't booked flat over there yest. But, I want to. This tax thing comes as add on over the total price we deal with the builder.

    We should account for it when we buy flat

    Mahesh
    Thanks a lot for your info.

    But, not all builders take this amount from their clients. Out of many projects I saw in PS, only GK builder seems to be taking it and no one else! (Based on what is written in cost sheet)
    Hence, I am kind of hesitant towards paying it or not.

    Are you sure that builders can claim it from clients or just a guess?
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  • GK told me at the time of enquiry that I have to give 4% of service tax cheque. He also refused offer of any blank money as i thought it will help to negociate as few builders ask for black money. Goel ganga initially did not mention but when I asked him he told me that I need to pay cheque and try to convince that court case will go on. few others said only after I asked it. But maharshi builder do not ask it to my friend. I don't know whether they can leagally ask. someone who has taken possesion recently can only tell this. consultants or even iron service person asked me for service charge so might be builder.
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  • Eager,
    Today i again try to find some latest info on service tax. Though case is still pending finance ministry has taken few positive steps and it looks like we may not have to pay service tax. :) But still it is better to talk to a law person as it is matter of more than lakh rupees.
    Please refer following links.
    ]http://www.devigroup.com/articles7.htm
    ]http://www.thehindubusinessline.com/2009/02/06/stories/2009020650811700.htm
    ]http://www.taxguru.in/service-tax/circular-on-imposition-of-service-tax-on-builders.html
    ]http://www.taxlaw.co.in/article/flat-buyers-may-not-have-pay-service-tax
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  • i too enquired with folks. Though there is no confirmed info, the talk is that the current govt will not sanction such a bill. i.e. no service tax issues for the next 5 years.
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  • Thanks a lot guys :)
    All this will definitely help when we negotiate with the builder.
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  • if the real estate picks up again in the next cpuple of years and if the boom is back, you might see the talks about the service tax again.

    see the point is that its a revenue source for the Govt, and if the growth story continues you can expect such things.
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  • We cannot say what decision the court takes but one of my friends recently took a flat in one of the schemes of Raviraj builders and he was not charged any service tax. It seems other builders are being a little cautious in advance.
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