Builder full me

yogesh (Querist) 28 November 2012 This query is : Resolved
hello friends. i have purchased flat after getting OC to builder in december 2011 by paying lumsum payment by arrenging fund personally and not by bank loan. Builder has shown payment structure in agreement as we paid the sum when building is under construction i.e. slab wise. now he demanding VAT and SERVICE TAX from me which should not applicable to me as per law. but he is not accepting my contention what is remedy available for me.

please reply i am in truble.

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Raj Kumar Makkad (Expert) 28 November 2012
How can you say that VAT and Service Tax is not applicable upon you?

This is applicable since April 2009.

ajay sethi (Expert) 28 November 2012
what are clauses in your agreement relating to service tax and VAT?

Raj Kumar Makkad (Expert) 28 November 2012
Even if terms of the agreement otherwise, you are legally bound to pay.

ajay sethi (Expert) 28 November 2012
if you have bought flat after completion of construction you are not liable to pay VAt . what builder has done is he has mentioned in agreement that you bought under construction flat . hence fastened liablity on you

Devajyoti Barman (Expert) 29 November 2012
Any under construction flat purchase attracts VAT and Service Tax.

Raj Kumar Makkad (Expert) 30 November 2012
The querist has cleared in his query that the flat was under construction so there is no scope for other opinion than to strictly say that querist has liability to pay VAT and Service Tax.

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