Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: cpt :: empanelment :: ACCOUNTING STANDARDS :: ARTICLES ON INPUT TAX CREDIT IN VAT :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: form 3cd :: VAT RATES :: TAX RATES - GOODS TAXABLE @ 4% :: due date for vat payment :: list of goods taxed at 4% :: ACCOUNTING STANDARD :: VAT Audit :: TDS :: articles on VAT and GST in India :: Central Excise rule to resale the machines to a new company
 
 
Service Tax »
 GDP may slow down if GST implemented in hurry: Tax officials
 Goods and Services Tax: Beyond audit & scrutiny, dual control still a grey area
 India to levy service tax on freight for imports on delivered basis
 Income tax relief must be blended with additional tax measures
 9th GST Council inks breakthrough on dual control over tax payers, rollout deferred to July 1, 2017
 GST rollout uncertainty hits Budget 2017 calculations
 GST now set for July 1 roll-out, dual control hurdle finally over
 Grant of Registration under DVAT and CST
 Do not raise service tax, says Chamber
 Excise, service taxpayers to migrate to GST portal by Jan 31
 Centre, state governments work on formula for 'GST on high seas'

Service tax to be paid on constructed premises: HC
January, 21st 2012

Realty prices in the city and surrounding urban areas are likely to be further escalated with the Bombay high court on Friday holding that service tax is liable to be paid on constructed premises such as flats, shops, etc. The central government has amended the Finance Act of 2009 and has
 
imposed 2.5% service tax on builders effective from July 1, 2010. A division bench of justice DY Chandrachud and justice Amjad Sayed on Friday upheld the decision holding that levying of service tax was valid and constitutional.
Maharashtra Chamber of Housing Industries (MCHI) had approached the high court challenging the decision primarily on the ground that levying of service tax on land and landed properties was within the purview of the state government. And therefore, according to the petitioner body, the central government could not have levied the service tax on real estate industry and the decision was illegal and unconstitutional.

In response, additional solicitor general Darius Khambata argued that construction activity was a service and the central government was empowered by the Constitution of India to levy service tax.

Khambata cited number of apex court judgments and also provisions of the Maharashtra Ownership of Flats Act, which allows registration of a flat or a shop even before construction work is complete and the premises is ready for occupation.

The court accepted his submissions saying there nothing was legally wrong with the decision of levying service tax on construction activity

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Quality Assurance Services Testing and Re-testing

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions