Service Tax and Interpretation of "Agreement for Sale" and "Works Agreement"
Would like to know how builder charge various taxes, namely *Service Tax* and *VAT* in Pune from the experienced owner.
1> Does builder charge Service Tax on "Agreement for Sale". As per "The Central Board of Excise and Customs India" in circular http://www.servicetax.gov.in/circula...rc-108-2k9.htm service tax is NOT to be charged on "Agreement for Sale" by builders, when property is under construction.
2> Contrary to the above above circular, I have seen cases that builders are still charging service tax under the premise that, "Agreement for Sale" while the apartment is under construction is construed as "Worker Agreement". And have seen one instance wherein, builder charged service tax about 4% on the agreement value. This is even after the circular is published on Jan 29, 2009. The difference here being, Service tax is valued at 4% instead of 12.5%.
This instance happened in Bangalore, would like to know what is the situation in Pune.