Chartered Accountant
39039 Points
Joined September 2008
VAT is applicable on transfer of MOVABLE property. Not applicable for immovables. Therefore completed apartments/ houses, plots not liable for VAT.
Where the property is not complete at the time of agreement, then the FURTHER GOODS INCORPROATED in the aprtment being constructed would be liable for VAT. Example an apartment is being constructed which is 50% complete.
VAT would be payable on the material involved in 50% balance construction pending. As per the SC decision in L&T - 2014 on extent of completion as on date of agreement no VAT can be imposed.
Therefore the deductions available wouldbe a) value of land ( not cost) b) 50% of construction value ( not cost) from the total consideration.