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Issue ID: 44
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Charge of Service Tax

Date 08 Jan 2006
Replies1 Reply
Views 1439 Views
Service tax liability: the party providing construction services remains taxable even when sale proceeds are shared under collaboration.
Liability to pay service tax arises from provision of construction services; the party who performs or engages the construction activity is liable. Sharing sale proceeds under a collaboration does not alter the tax incidence, and a landowner who only receives a share of proceeds is not liable unless they actively undertake or procure the construction services. (AI Summary)
If I collaborate with the owner of land to build a res complex/commercial complex to which service tax is attracted, and the terms of collaboration is that both, I and the owner of land equally share the sale of space proceeds, Do i have to charge service tax and raise a bill on the amount I spend on construction of the owners share?
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