Clarification regarding GST charged by builder for ready to move flat.
Answers (1)
For a ready to move flat no GST is payable because this is an immovable property and not goods. Also as no concept of inputs used in its construction is available for abatement or set-off & thus making the flat price inclusive of the input tax element.
But if it is under-constructed flat, GST is payable at 18% effectively making the GST 12% on the value of the house less input GST from which house was made.
If your flat was Ready to move in flat that the GST charged by the builder is illegal. Tell him to give you the receipt stating that it was GST deduction and we can challenge it in court.
Advocate Ahmad Fuad Faizi
Delhi High Court,
Delhi
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