Thursday, 4 August 2016

Service tax


From :

Name and Address of flat Purchaser 


..... Name and address of builder 

Sub. :  Refund of Service Tax. 

Ref.  :  Delhi High Court Judgement dt. 3rd June,

2016 in the case of Suresh Kumar Bansal V/s. UOI (WP 2235/2011) 

Dear Sir, 

I / we have purchased flat in your project situated at________ vide registered agreement which is duly registered in the Office of Sub Registrar at Haveli No. ____ at Serial No. _________/___________. You
have collected amount of Rs. __________ towards service tax
against the said flat from us. However at the background of
verdict passed by Delhi High Court as referred above it has
become crystal clear that flat Purchasers are not entitled
to pay the service tax. Hence it is my / our humble request
to refund the amount collected by you towards service tax
along with 6% interest within 15 days.

If you have deposited in service tax department then please
provide me Govt receipt and proof of payment you have made
to Govt. 

Looking forward for prompt action in the interest natural
justice and expecting reply/refund within 15 days! 

Thanking you! 

With regards, 


(Please give it on plain paper and send it by speed post
keep one copy with you and proof of dispatch or
acknowledgment. After receipt of reply and proof of
payment   from builder to Govt write similar
letter stating Delhi High Court order reference and ask
Note : 
1.As on today no Govt Circular or orders published to not to
accept service tax hence builders will ask service tax which
is not illegal but if you have taken possession then go
ahead and ask service tax. Maximum service tax is 4.5% and
not more than that. If your builder is asking more and also
asking interest then make complaint to service tax
department of central Govt.  

2. Service tax is central govt tax so based on order passed
by Delhi High Court you can ask refund in any state of
India.  If Central Government gos to Supreme Court
against Delhi HC order then based on SC judgment we must

For guidance related to builders 
a. Non formation of society 
b. Delay in possession 
c. Collection of more amount for
( light meter More than 10000)
(Soc formation More than 1000)
d. Illegal sale of parking ( as per supreme court verdict
sale of parking is illegal)
e. Compulsory sale of club membership, 
f. Collection of Infrastructure charges 
g. Non providing amenities 
h. Not performing sale deed 

Pl do come to Akhil Bhartiya Grahak Panchayat Pune
634, Sadashiv Peth, Kumthekar Road, Pune 411030

Every Monday, Wednesday and Friday
Between 1745 to 1945 hrs.
Ph. 02024460707
Free guidance

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