Mvat on construction industry

This query is : Resolved 

(Querist)
09 December 2012 From 20.06.2006 to 31.03.2010
1. Composition Scheme U/s 42 (3)- Under this scheme developer has to pay 5% tax on the agreement value. Land deduction is not available. Input tax credit is available subject to the reduction of 4 per cent.

My Query is developer has to pay 5% tax on the agreement value
OR
Higher of Agreement value or Value specied for stamp duty purpose

09 December 2012 hi

Its 5% of agreement value.

thanks//vaibhva

shh (Querist)
09 December 2012 But our Consultant is of view to pay vat on higher value.

Is there any format to send notice to buyer of flat to collect vat Amount ?

09 December 2012 Hi

This will be the case when your agreement value is less than the Stamp Duty value of your area.

I dont have format with me, but simple letter on your letter head mentioning / referring prov. of vat will be sufficient, followed by notice from your lawyer can serve your part.

Thanks//Vaibhav
Revert for more clarity.
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shh (Querist)
09 December 2012 Thanks.....................

10 December 2012 Mr Shh,
Land cost 40% of the total cost is to be reduced for payment of tax u/s 4293) of MVAT Act. Cost of land and its development is taxable for vat.....MJK

shh (Querist)
10 December 2012 under different composition scheme its been said that land deduction will be available ,

how does land deduction helps in calculation of vat

For instance buyer purchase flat for Rs 50,00,000 (agreement value) and the value for stamp duty purpose is rs 52,00,000,
than direct calculation will be 5% on 52 lacs, where is the role of cost of land


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