Charging of gst.
This query is : Resolved
Suraj Srivastava
(Querist)
20 April 2019
1. Booked a Villa of Rs. 43 Lacs in 2008 possession was agreed within 3 years.
2. Paid 95% within a year as and when Invoice generated by taking home loan and rest 5% was to be paid at the time of possession.
3. Possession not given after 3 years, even after lapse of 8 years in 2016 the unit was not ready.
4.Requested the builder to give possession on as is where is basis.
5. Builder estimated work of 7.5 Lacs remained left and got ready to pay back and entry to this effect passed in giving credit to buyers account.
6. Builder did not paid 7.5L rather constructed the left work.
7. Generated the iñvoice of 7.5L on 31.03.2019 charging GST@12%.
8. Buyer argues that new invoice cannot be generated for amount already paid in 2009 . Hence no Gst.
Pl advise
CA Suraj
2. Paid 95% within a year as and when Invoice generated by taking home loan and rest 5% was to be paid at the time of possession.
3. Possession not given after 3 years, even after lapse of 8 years in 2016 the unit was not ready.
4.Requested the builder to give possession on as is where is basis.
5. Builder estimated work of 7.5 Lacs remained left and got ready to pay back and entry to this effect passed in giving credit to buyers account.
6. Builder did not paid 7.5L rather constructed the left work.
7. Generated the iñvoice of 7.5L on 31.03.2019 charging GST@12%.
8. Buyer argues that new invoice cannot be generated for amount already paid in 2009 . Hence no Gst.
Pl advise
CA Suraj
CA R SEETHARAMAN
(Expert)
21 April 2019
Buyer's argument is right. No GST applicable now for payment made in 2009.
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