No Service Tax on Under Construction Flats if price includes land value
Case Name : of Suresh Kumar Bansal vs UOI (Delhi High Court) Appeal Number : W.P.(C) 2235/2011 Date of Judgement/Order : 03/06/2011 Related Assessment Year : Courts : Delhi High Court (120) Levy of Service Tax on Under-Construction Flats – UNCONSTITUTIONAL Reliance in this connection can be placed on the decision of Hon’ble Delhi High Court in case of Suresh Kumar Bansal vs UOI [W.P.(C) 2235/2011] wherein levy of Service Tax on the value of flats sold during construction stage has been held unconstitutional, if such value includes the value of Land. Facts of the Case: The petitioner has entered into an agreement with the Builder for buying flats in a housing project located at Noida. The Builder collected Service Tax from the petitioner in addition to the consideration of flats against services in relation to Construction of Flats and Preferential Location charges. The petitioner being aggrieved by the levy of Service Tax on such Service...