Vat on apartment.
srinath
(Querist) 11 January 2013
This query is : Resolved
Hello sir/madam,
i have purchased a flat & the details are as follows:
Built-uparea - 1367 sft
basic cost - Rs. 2061 per sft
parking - Rs. 150000.00
booking done during 05/2010 and the Occupation Certification is yet to be received from the authorities concerned.
Now the builder is demanding a TAX @ 805% ON BASIC + PARKING ( Rs. 252228/-).
NOw the point of clarification is if v can demand original bills towards payment/remittance of Service Tax/VAT and as the total no. of flats in the apartment are 80, the total amt demanded by by builder exceeds the total amount of TAX actually paid.
whether the builder can collect the tax over & above the amount he actually has paid? As owners, can v ask him the reasons for collecting more than what he has actually paid against the actual payment made by producing original bills?
pl clarify as the owners are in a dilemma.
thanks,
srinath.
ajay sethi
(Expert) 11 January 2013
first of all builder has no powers to sell the parking slots . you can certianly ask builder for clarifications regarding vat and service tax
R K JAIN
(Expert) 12 January 2013
The builder can not collect the tax over and above the amount actually has paid. The issue can be brought before the Taxing Authority for unjust enrichment.
