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
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.
Gupta Sachdeva & Co. Chartered Accountants
New Delhi
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