de99180d_fications__Circulars__Analysis__Analysis
[Clarification] (ii) For the period after 01/07/2010, construction service provided by the builder/developer is taxable in case any part of the payment/development rights of the land was received by the builder/ developer before the issuance of completion certificate and the service tax would be required to be paid by builder/developers even for the flats given to the land owner. [Analysis] 
Even after 01.07.2010, service provided to the buyers for their personal use are not liable to service tax, in as much as the statutory exclusion for personal use still remains. If the transaction model is sale of UDS and construction agreement, as clarified in the 2009 circular, there is no liability on the ground of personal use. But if the transaction model is agreement to sell, receipt of instalments and registration as complete unit, as per the Explanation it is taxable. So now also, there is no equity.
Taxindiaonline.com - One Stop Destination for Taxman & Taxpayer : Income Tax, Custom, Excise, Service Tax, , International Taxation, Caselaws, Notifications, Circulars, Analysis
Analysis