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RockyS (SelfEmployed)     10 January 2013

Vat: factors that decides property is under construction

 

Hello,

Recently our builder has sent out a demand notice for VAT (@1% of Agreement Value) on basis of occupancy certificate.

We purchased the property (ready to move in) on Dec'09. Both the stamp duty and registration were done at time of purchase; we even were provided the possession letter by builder after purchase.

Now, the builder is claiming for VAT on basis of occupancy certificate which was received on Aug'10. He claims that for this reason my property is considered as "under construction"

Most imp, the purchased flat was also rent by builder to person X before our purchase (he just earned some extra bucks) and we have been paying him yearly maintenance too start from date of purchase.

I need some guidance on how to prove that we have purchased an "fully constructed" flat and not an "under construction flat". Yes, we have a clause in our agreement to pay any upcoming tax.



Learning

 2 Replies

R K JAIN (Advocate)     12 January 2013

If you have purchased the flat after completion of construction then there is no liability of tax. If you have purchased the flat before construction and payment is made in instalments then there will be liability of tax.

RockyS (SelfEmployed)     15 January 2013

Thanks,

I have purchased a fully constructed flat. The OC was received after 1 year and so builder says the flat is considered as "under constuction"

I have all my agreement & registration done at time purchase; it was one shot payement. Even I have a possession letter saying the building is 100% complete.

Q is How do i proove flat was fully constructed since OC was received later.


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