Can builder impose GST on the flat booked in June, 2017

Question

Can builder impose GST on the flat booked in June, 2017

02-Jan-2023 (In GST Law)

H I booked flat in Jun'17 & did stamp duty in last week of Jun.17. That time total flat value was 4300000/- my loan got approved on 15th Jul hence builder is telling me to pay additional 2Lakh due to GST.

Answers (2)

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Advocate Vidyadhar Apte LawRato · Accepted Answer · 2018-01-03T17:06:45+05:30

Answer #1

Hello it is pertinent to note that the GST is applicable w.e.f. 1/7/2017 and therefore, if any, construction is pending then the GST is applicable on the remaining part of construction. As you have stated that builder is asking 2 lacs as GST from you, you need to make calculation in light of Service Tax and VAT charged by him prior to 1//2017 and only differential GST need to be paid to him. in case, if he has recovered full Service Tax and VAT on the value of flat prior to 1/7/2017, then only differential GST is payable. if this 2 lac is differential amount of GST then no issue otherwise you should not pay the same. Kindly note that the opinion recorded above is only views as per our understanding of your query. in case if you have more doubts then produce detailed calculation.l

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Advocate Abhay Rajesh Gupta LawRato · Accepted Answer · 2018-01-11T01:13:27+05:30

Answer #2

1. Yes , You can file GST Return . 2. Your total flat value was 4300000/- it is above 20 lacs . 3. So , You quarterly based return of previous year is also to file that return in the main assessment year . 3. Yes , You file GST return .

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