Service tax and vat on under construction property

TaxVictim (Employee) (24 Points)

25 October 2012  

Many topics answered but my query is particular. Please do not overlook :(.

I have purchased a flat in Feb 2011. 5th floor slab and brickwork already completed when I booked i.e. 67% work already done. I made payments as below:

4.2.2011 - 100000

1.3.2011 - 100000

14.3.2011 - 50000

14.5.2011 - 1250000 (Paid by bank on builder demand letter)

11.6.2012 - 500000 (Paid by bank on builder demand letter)

28.6.2012 - 100000 (Paid by bank on builder demand letter)

I have not yet paid the service tax and VAT.

May queries are:

1. On what amount I need to pay Service Tax, since builder is asking taxes on Agreement cost + MSEB + Maintenance Charges

2. On what amount I need to pay VAT, since builder is asking on Agreement cost + MSEB + Maintenance charges

3. Builder is asking flat 3.09% Service Tax on above amount, do I need to pay service tax @ 3.09 % or the rate applicable on the date I made payment?

4. Am I liable to pay Service Tax on the construction done before I booked the flat i.e. 67% already completed and I paid around Rs. 1500000?

Kindly answer my query and provide govt circular reference or any other form which clearly justifies the answers. Builder is not listening to me and asking me to pay what he is asking.