Confirmation on vat on flat booking
chintan
(Querist) 24 October 2013
This query is : Resolved
hi,
i have bokked flat in Jun,2010 at Maharashtra and paid relvent stamp dute and got it registered last yer in 2012 builder has collected 1% additional amount as VAT .. recently i came to know that paying a VAT is not purchaser liability can you please confirm? how can i demand refund of the same
Anirudh
(Expert) 24 October 2013
Whoever told you that paying VAT is not purchaser's liability, have not told you the correct thing.
chintan
(Querist) 24 October 2013
sir as per supreme court judgment dated 27-Sep-13 purchaser is not liable to pay VAt same direction is also given by district forum pune in 2012 can this logc be implemented here... as i have already paid stamp duty on entire agreement value ( which include taxation on godds used to construct flat) in such case paying VAT is like double taxation
R K JAIN
(Expert) 24 October 2013
Purchaser is not suppose to pay VAT if the flat is not booked and the construction of the flat is not made on behalf of the the flat applicant. If the flat is booked and the construction is made after booking the flat in that case the flat has been constructed on behalf of the applicant and he has to pay the VAT.
chintan
(Querist) 24 October 2013
thanks Mr jain, so can we say here since flat is booked in complex and not basis my specific requirment as plan of complex etc is general hence i am not supposed to pay the VAT
