Service tax for villas

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  1. Pallavi chowdappa

    Pallavi chowdappa New Member

    Dear sir,
    I would be very greatfull if I get a clear picture weather I have to pay service tax.
    A few facts to consider

    1. I am an owner with 2 villas in a gated community.

    2. The member ship fee is collected as per villa basis . For clarification membership fee was collected for 50 villas separately and voting rights also allotted accordingly. (2 villas 2 votes)
    3. The maintainence for each villa is coming around Rs 4000 to Rs 4500. So as per service tax rules the owners do not pay service tax.
    4. Now our auditor has opined that me being the owner of 2 villas should pay service tax argument being the total amount paid by me is more than Rs 5000 as an individual .
    5. Following this I consulted another CA and on his advice paying the maintainence seperatly for each villas.

    Another CA opined that as we have individual membership for the villas and maintainence is divided equally among all the villas we do not have to pay service tax as it is charged for single one payment.

    Now with multiple opinions I would like help to get a clear picture as to weather I have to pay service tax or no.

    Please help me with your expert opinion.
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