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Rupali Shah   21 August 2024

Gst payable by investor for commercial office

 Dear Sir,

We haveinvested money in office space in under construction commercial buileding in Ahmedabad.

We have made payment of Rs. 42,000,00/- by cheques before October 2019

We have a buyer who desires to purchase the said office space. 

In this case if sale transaction with buyer takes place, then builder says , he will deduct GST amount while making payment to us ( investor) as he has paid the GST.

My query

Builder has paid GST but certainly he must have claimed that GAT amount against purchase of building material. 

In that case is Builder entitled to deduct amount/ recover amount from me ( investor) ?  In addition to that Builder say he will not give any receipt of thatt GST amount.. Is it valid?

What remedy is available for me as investor?

Please guide.

Thanks in anticipation. 

 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     22 August 2024

You can refuse to pay GST to the builder who has already got ITC in this regard.

Let the builder refuse to transfer the property, you can drag him to consumer forum for relief and remedy

Rupali Shah   22 August 2024

Thank you Sir for your kind reply and guidance.

 

T. Kalaiselvan, Advocate (Advocate)     22 August 2024

You are welcome.........................


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