• Service Tax

I have recently purchased a property belonging to a trust have taken charity commissioner permission which was mandatory the deal was going on for pass 3 yrs bcoz had to take charity permission so it took long time now the property is transferred in my name, Off late i came to know that the trust has to pay service tax for their some personal activities and till date they have been receiving SHOW CAUSE notices as they have not been paying for pass 10 yrs so in case they don't pay can the service tax department attach the property which i have already purchased and transferred in my NAME
Asked 6 years ago in Taxation

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6 Answers

Section 73C(1) provides that Where, during the pendency of any proceeding under section 73 or section 73A, the Central Excise Officer is of the opinion that for the purpose of protecting the interests of revenue, it is necessary so to do, he may, with the previous approval of the Principal Commissioner of Central Excise or Commissioner of Central Excise, by order in writing, attach provisionally any property belonging to the person on whom notice is served under sub-section (1) of section 73 or sub-section (3) of section 73A, as the case may be, in such manner as may be prescribed.

SIr, in your case the property is already transferred on your name and the Department has only power to attach your property they do not have any power to adjudicate on your property as you were bonefide in purchasing the same.

There is no power conferred on the officer to adjudicate on the ownership of a property held by another, deeming it to be ostensible ownership and find the defaulter to be the real owner.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) for non payment of service tax dues property can be attached .

2) you will have to sue the trust to recover service tax dues paid by you

Ajay Sethi
Advocate, Mumbai
94917 Answers
7570 Consultations

5.0 on 5.0

If there is no attachment of property before then you have the ground to contest in case any such activity is by GST

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Hello,

It becomes the duty of the flat owner to clear the dues if there was any before the purchasing of the flat.

As per law it is considered to be the duty of the buyer, to check the background of the property.

Though you may recover the same from the seller but they may attach the property or recover the same from the owner of the land.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

If the taxation department has not taken any action for recovery of service tax on them through court or any other due process of law, they cannot attach this property which has already been transferred to you by a registered sale deed at this stage.

If this property is not disputed or in litigation at this stage, you need not worry about the tax recovery, that is the head ache of the trust, they only have to solve that issue. You can challenge and fight against this to defend your interests in the property purchased by you properly as per law.

T Kalaiselvan
Advocate, Vellore
85112 Answers
2215 Consultations

5.0 on 5.0

1) For service tax the trust is responsible and not you. If it is property tax than you have to pay it as its your responsibility to check before purchasing property.

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

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