ArticlePre-GST

No Service tax leviable as ‘Real Estate Agent’ when there is mere transfer of land

The Hon’ble Supreme Court in the case of Commissioner of Service Tax held that transactions involving the purchase and sale of land by a developer do not fall within the definition of “Real Estate Agent” or “Real Estate Consultant” under the Finance Act, 1994, and are expressly covered by the statutory exception for transfer of title in immovable property, thus not exigible to Service Tax.

ArticlePre-GST

Supreme Court: Turnover of Sub-Contractor to be ducted from Main Contractor’s VAT Turnover for Avoidance of Double Taxation

The Hon’ble Supreme Court in the case of Authority for Clarification and Advance Rulings, Gandhinagar, Karnataka & Anr. held that principal contractors, under Section 15 of the Karnataka VAT Act, 2003 for the period prior to March 1, 2006, are entitled to deduct amounts paid to registered sub-contractors from their total consideration for works contracts, when computing tax liability under the composition scheme, provided such sub-contractors have accounted for and paid tax on those amounts.