No Service Tax on Sale of Flats after issue of Occupancy Certificate"

Recently, Press Information Bureau of Ministry of Finance has issued a press release dt. 26th October, 2015 to resolve a long standing issue relating to levy of Service Tax on sale of flats/dwellings etc. after issue of occupancy certificate but before issue of completion certificate in areas under the jurisdiction of Municipal Corporation of Greater Mumbai i.e. Brihanmumbai Municipal Corporation (BMC).

In the said release, it has been conveyed to the Service Tax Authorities in Mumbai, that sale of flats/dwellings etc., where the entire consideration is received after issue of occupancy certificate by BMC, leading to a mere transfer of title in immovable property, would fall outside the definition of “Service” as per Section 65B (44) of the Finance Act, 1994, and is therefore, not taxable.