Why VAT on builders??

State can not levy VAT on builders as builders sell immovable property on which state levy stamp duty.

Now whether there will be any change?? in the light of  recent Bombay High Court Judgement dt.January 19/20 of 2012 on WRIT PETITIONS in the case Maharashtra Chamber Of Housing Industry V/S union of india where in levy of service tax on 

builders was confirmed as constitutional.

Why is applicabilty VAT for Builders?? by way of composition scheme or in deeming provison of 1% Tax 

Replies (6)

If they use their materials(cement,steel,electrical etc) they had to pay VAT on their deemed sale value by adding freight and Gross profit.

but main thing is that, Selling flat is immovable property. Maharashtra VAT Act, Clearly states that VAT is applicable on  the Movable Goods. hence basically Flat is Immovable property then Why to adopt Deeming provision of the Act or composition scheme. 

 

Eventhoug its immovable property it was constructed by movable things only.Hence every contractor,builder or construction companies have to pay VAT on the materials(movables) involved in the construction.If  it was  only a labour contract(materials given by the awardee) there is no liability of VAT.

They had to pay VAT on the materials at approriate rates or under composition tax on the total value of the contract .For the labour charges they had to pay service tax.

under works contract there should be proportion for service and materials used. and on materials used% vat should be payable.

If builder want to purcahse material out of the state under CST then they can allow

to get form C against purchase of material or they hav to pay full tax on purchase in the

case of builder using composit scheme and paying 1% on flat sale.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
08 September 2026
Semi-Qualified Assitant

Subrahmanyam & Sivudu CA Firm

Hyderabad

CA Inter

View Details
Company
19 August 2026
PAID ARTCILE ASSISTANT

My Legal Tax Consultants Pvt. Ltd.

Noida

CA Inter

View Details
Company
12 August 2026
Deputy Manager - Finance

RoamPrime Technologies Private Limited

Bengaluru

CA

View Details
Company
ARTICLESHIP 24 August 2026
Chartered Accountant Articles

Rohit KC Jain & Co

New Delhi

CA Inter

View Details
Company
04 September 2026
CA inter Or ca finalist

A Jaiswal and company

Lucknow

CA Final

View Details
Company
28 August 2026
Audit Manager

K A R M & CO

Mumbai

CMA

View Details
Company
19 August 2026
Chartered Accountant - Financial Consolidation & Reporting

Synergy Keystone

Mumbai

CA

View Details