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Advice for making payment of VAT after clearing dues to builder
16-Oct-2023 (In Property Law)
Dear Sir, I had booked a flat in Faridabad in 2006 and got possession in 2013 and in the same year the property was registered in my name. The builder has now sent a notice asking for 1% VAT payment quoting a notification of Haryana Govt dt September 12, 2016. Do I have to pay the VAT as the Flat is already registered in my name in 2013 after clearing all dues to the builder. Kindly reply urgently, Regards.
Said notification issued by Haryana's excise and taxation department allows for an optional amnesty scheme that allows contractors to pre-assess their tax liability for a financial year and requires the contractors to pay a lump sum amount at the rate of one percent of the entire aggregate amount. The applicable rate for pre-payment of tax is 1% plus a surcharge of five percent. Further, the notification does permit collection of this tax from buyers as well.
However, I would be able to advise better as regards your liability towards payment of such tax after perusing relevant documents.
However, I would be able to advise better as regards your liability towards payment of such tax after perusing relevant documents.
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Adv. Arjan Sharma
Gurgaon | 25+ Answers
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hi, kindly go through the notification, if the notification has retrospective effect means effect from the back date, then you have to pay the said amount. pls go through the notification first. you can contact for further assistance .
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Adv. Akash Gupta
Gurgaon | 100+ Answers
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This notification of 2016 is for the “Contractors” (Developers/Builders) to make the HVAT payment at a reduced rate of 1.05% & get a reprieve from past VAT liability and interest and penalties
Once you are in possession of the property (that too 4 years back) it is deemed that you have cleared all your dues against your property, and are not due to pay anything further.
**For Many of my clients have contested this HVAT demand with detailed legal reasoning, this being unfairly asked of them by the builder(s) & we have further, also, challenged these claims, in the Court of law.
Once you are in possession of the property (that too 4 years back) it is deemed that you have cleared all your dues against your property, and are not due to pay anything further.
**For Many of my clients have contested this HVAT demand with detailed legal reasoning, this being unfairly asked of them by the builder(s) & we have further, also, challenged these claims, in the Court of law.
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Adv. Ruchira Chaudhary
Gurgaon | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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