Vat on under construction property purchased in maharashtra

Pranav (--) (49 Points)

05 September 2012  

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.