Vat on under construction property purchased in maharashtra

Mahavat 2830 views 1 replies

Hello everyone,

I want to ask One Question to all the experts of Caclubindia.

We purchased underconstruction flat in 2010.Registered Value was  Rs.3 Lakhs.

The amount paid to builder       before 31/03/2010  was Rs.  2,05,000.

and amount              paid after 31/03/2010 was        Rs.  95,000.

The builder has demanded  Rs. 18,950 on account of Retrospective applicability of VAT ON  UNDER CONSTRUCTION PROPERTY IN MAHARASHTRA  .

The bifurcation made by the builder is as under

Service tax on Rs. 3 Lakhs @ 2.58%                                                    =  Rs. 7750 .

Vat on amount paid before  31/03/2010  @ 5%  of 2,05,000           =Rs. 10250.

Vat on amount paid after 31/03/2010   @ 1%  of 95,000                    =Rs. 950

                                                                              TOTAL                            =Rs. 18,950.

            My Question is that is the calculation correct  ? Are the rates correct ?

I have read on one newspaper website that Actual VAT Impact will be around  0.5 %  to 3 % of the registered value of  the flat .And also that The value of Land on which property is situated will be deducted from the registered value of property .

but Our  builder has not made any such deduction and the  VAT Impact seems more than 5%.

Can anyone please explain the relevant provisions .Also  what kind of VAT Payment  receipt is to be obtained  from the builder .

The answer by experts might be helpful to other property owners also .

So I request all the EXPERTS Please guide us in this regard .

Tons of Thanks in advance.

 

 

Replies (1)

  Mr Pranav,

  I have already  answered a number of queries on this subject. You can visit my expert profile to get lot of details.Out of the total cost you should get deductions towards land cost(30%-40%) and charges for amenities like club,etc. Charges made for paying to registration,electricity and water connections are also to be excluded.In the Maharashtra VAT (MVAT) website also lot of details are available. After making deductions on the above amounts only the dealer should collect VAT at the rate mentioned by you......MJK 


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