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: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: ACCOUNTING STANDARDS :: VAT RATES :: due date for vat payment :: cpt :: TDS :: VAT Audit :: ARTICLES ON INPUT TAX CREDIT IN VAT :: form 3cd :: empanelment :: ACCOUNTING STANDARD :: articles on VAT and GST in India :: Central Excise rule to resale the machines to a new company :: list of goods taxed at 4% :: TAX RATES - GOODS TAXABLE @ 4%
 
 
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'

HC grants interim stay on Service Tax
August, 17th 2010

The Maharashtra Chamber of Housing Industry (MCHI) has said it is hopeful of an early decision on the service tax issue.

The second hearing of the High Court writ petition filed by MCHI challenging Service Tax levy on buildings under construction has been deferred to September 8, 2010. Its a revenue related matter so we are hoping that early decision should come out, said Sunil Mantri, president, MCHI, who is also chairman of the Sunil Mantri Group.

The MCHI and others through their writ petition had challenged the constitutional validity of the Finance Act 2010, seeking to amend the Finance Act 1994 introducing and explanation to section 65 (105) (zzq) and 65 (105) (zzzh) to introduce the Service Tax concept of Deemed Service for any commercial or industrial construction of residential complex done prior to obtaining completion certificate.

The court has already given a major reprieve to 550 MCHI developers by granting an interim stay on the matter. We are happy that High Court has intervened in the matter because somehow we could not convince to the central government and they still have imposed this tax, he said. Mantris contention is that sale of property cannot be constituted as service because its clearly covered under Transfer of Property Act which draws stamp duty and registration.

MCHI says its other developer members will also be joining their petition so that they can get relief. This relief is for our parent association of 550 members.

We also have various associations at Thane, Vasai-Virar, Panvel and Kalyan-Dombivli who are also submitting undertakings to the court so that can they take response, said Mantri.

The MCHI in its petition had urged the High Court to restrain the respondents (Union of India and others) from any manner taking steps against the members of MCHI in respect of the transactions for constructions, development and sale of immovable property under the various provisions of the Finance Act, 1994 and a new entry as amended by the Finance Act 2010 in any manner.

The government had earlier announced that service tax would be levied on 25% of the total value of property as against the earlier 33%, besides increasing the abatement provided to the sector from 67% to 75%. The tax came into effect from July 1, 2010.

But the developers say this is unconstitutional and irrational to charge service tax which would cause sale price going up by 2.6%. Any such a levy will increase the cost of the flat and ultimate buyer will have to bear such cost. On the one side National Housing and Habitate Policy 2007 envisages affordable housing for all, the proposal to levy of Service Tax irrespective of any kind of house would run counter to the policy of the government, Mantri added.

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Web Application Development Web based Software Solution Web Application Deployment Web Application Solutions Web Application Software Development Web Application Deployment Web Application Programming Web Application Design and Development

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