Need to know vat liability flat was booked as near posession

Mahavat 841 views 1 replies

Hello,

I had booked flat in pune on 03-Oct-2009 at the time of booking flat was 85% complete.

Home Loan bank approved loan an status was : ReadyPosession Flat 

I took posession on 02-Jan-2010

I have got notice from builder regarding VAT payment.

Can anyone please let know if I have to pay VAT since on Bank record its shown as Ready Posession flat?

Also if I have to pay VAT will it be calculated on entire agrement value or only part of construction which was remaining  to be constructed at time of booking i.e 15%  since 85% was already constructed 

 

Thanks and Regards,

Dhiraj

 

Replies (1)

   Mr Dhiraj,

  As per some Supreme Court rulings any booking made or contract entered to buy a

flat before its completion becomes a works contract and VAT liability arises. A builder

generally includes items such as 1) construction cost 2) land cost 3) cost charges pay-

ble to statutory bodies for registration connection of electricity,water,sewage,cable etc

4) cost of amenities provided in the form of club,sports,swimming pool,park,security,

lift, 24X7 water supply etc. Among these only the first item is liable for VAT. 5% on the

whole construction value or 12.5% on the material part of it. Land cost is generally 40%

and other items are nearly 20% of the total flat value shown in the agreement.For

collecting VAT th builer should be registered and issue a tax invoice.........MJK


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