High Court exempts service tax on under constructed flats which includes price of land

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By Accommodation Times News Service

No service-tax on sale of under-construction flats if contract price includes value of land

High court has directed of no service tax of the flat purchased in a residential complex which include value of land. Assessee challenged levy of service tax on ground that composite contract (inclusive of value of land) cannot be charged to service tax in absence of any machinery provision for determination of value of service portion. Further, preferential location charges do not amount to service and cannot be charged to service tax

The judgment goes like this:





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