F.No. 354/311/2015-TRU

[Guest]

Dear All,

Service Tax Department Issued new clarification : F.No.354/311/2015-TRU dtd 20.01.2016 regarding valuation of flats for levy of Service Tax. I would like to know from which date this will applicable. or this will applicable from day one. (i.e from 10.02.2012)

And if this is applicable from day one then what about the tax on earlier transaction.

Kindly revert as early as possible.

Thanks & regards,

Rajesh Patil

 

 

[KASTURI SETHI]

Sir,

Clarification is always retrospectively inasmuch as it clears the doubt only. Hence applicable from 10.2.12.

[Rajagopalan Ranganathan]

Sir.

I agree with the views of Shri. Sethi Sir. I would like to add that the clarification will apply to all pending cases and future cases. However already concluded proceedings cannot be re-opened based on the circular. If the matter is still pending before appellate forums you can cite this circular and get the matter remanded to original adjudicating authority to determine the issue afresh based on the clarification issued.

[Suryanarayana Sathineni]

Dear Rajesh Ji,

I am am in agreement with the views expressed by our learned friends.

I wish to state that the purpose of circulars in general is to clarify in case of ambiguity or any issue is interpreted in different ways etc., Since, it is clarificatory in nature, it will have retrospective effect only.

Best Regards

S Suryanarayana

[KASTURI SETHI]

I am thankful to both experts, namely, Sh.Rajagopalan Ranganathan, and Sh.Surya Narayana, Sirs, for elaborating and endorsing my views.

AI Summary

Retrospective effect of clarificatory circular applies to past and pending service tax valuation disputes, not to finalized proceedings. The clarification dated 20.01.2016 on valuation of flats is clarificatory and retrospective, applying from 10.02.2012; it governs pending and future cases, cannot be used to reopen finally concluded proceedings, and may be invoked in appeals to obtain remand for fresh determination by the adjudicating authority.