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GST for Flat booked Before 1st july 2017
16-Dec-2023 (In Tax Law)
I have booked flat in Navi Mumbai bfore July 2017 for which complete Loan has been disbursed by bank before 1 July 2017. I have not paid service tax and Maintenance amount. As per previous demand letter Service tax would be 4.5% however Developer has send revise demand letter with 12% GST tax for flat which is booked and payment made bfore July 2017 as well as construction completed before 1 July 2017. In demand letter he has mentioned Maintenance will be applicable from 1st July 2017. So kindly provide me information about how much tax should I pay? Whether 4.5% or 12%?
You only have to pay maintenance amount which is balance and only 12% on maintainance amount.
Don't pay 12% on entire amount if builders asks for it then send legal notice and file consumer complaint against him.
Regards
Bhavik Raval
Don't pay 12% on entire amount if builders asks for it then send legal notice and file consumer complaint against him.
Regards
Bhavik Raval
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Adv. Bhavik V. Raval
Kalyan | 25+ Answers
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1. It is noted that , The booking of flat is almost before July 2017 .
2. You are not paid service tax & maintenance amount , So Firstly , In the booking agreement of flat , If there is mentioned tax clauses rate as per the future circumstances . Then you should pay the GST including the relvant rate of 12% .
3. Making of booking of such agreements / contract with Builder is very careful for the previous mentioned clauses in the said booking agreement of the said builder/owner of the flat .
4. You should pay the GST as per your relevant demand letter of the said GST percentage .
2. You are not paid service tax & maintenance amount , So Firstly , In the booking agreement of flat , If there is mentioned tax clauses rate as per the future circumstances . Then you should pay the GST including the relvant rate of 12% .
3. Making of booking of such agreements / contract with Builder is very careful for the previous mentioned clauses in the said booking agreement of the said builder/owner of the flat .
4. You should pay the GST as per your relevant demand letter of the said GST percentage .
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Dear Sir,
As per the facts narrated by you, kindly check whether the completion certificate is obtained from the competent authority or not by the builder prior to 1 july 2017, if yes, then it can be said that the construction is completed and no GST could be levied on the same. however, if the completion certificate is not obtained then the GST is applicable. you have said that the 4.5% Service Tax was charged and now builder is asking for 12%. in such case, the differential tax amount is only to be paid that is 7.5% considering that the Service Tax amount is paid by you. if not, then total 12% to be paid by you.
our views shall be taken as guidance and not as binding agreement. different views may be possible.
As per the facts narrated by you, kindly check whether the completion certificate is obtained from the competent authority or not by the builder prior to 1 july 2017, if yes, then it can be said that the construction is completed and no GST could be levied on the same. however, if the completion certificate is not obtained then the GST is applicable. you have said that the 4.5% Service Tax was charged and now builder is asking for 12%. in such case, the differential tax amount is only to be paid that is 7.5% considering that the Service Tax amount is paid by you. if not, then total 12% to be paid by you.
our views shall be taken as guidance and not as binding agreement. different views may be possible.
Helpful?
43+
43+
Adv. Vidyadhar Apte
Pune | 25+ Answers
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