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ATS Kocoon, ATS, Sector 109, Gurgaon

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ATS Kocoon, ATS, Sector 109, Gurgaon

Last updated: May 27 2019
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  • Re : ATS Kocoon, ATS, Sector 109, Gurgaon

    Originally posted by Kashmiri View Post
    What I know is that different builders have their own understanding and interpretation on service tax applicability on parking area.

    I understand Unitech is levying this with a condition on getting clarity they would return it back to investors.
    Logix is not charging any service tax on parking..
    Vatika is levying service tax on parking.

    Mr Amit Bhalla can comment whether Chintels is charging service tax on parking or not for Paradiso project.

    I think Chintels quota of ATS will also have BSP increased on account of inclusion of parking charges. As such they can not have different terms for same project. Experts can share their point of view.
    Request Bhalla ji and others to comment. Lot of members like VB, Amit 79, bewoluf etc who has invested in ATS or Chintel can also contribute their view point on this.

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    • Re : ATS Kocoon, ATS, Sector 109, Gurgaon

      AS far As i Know , Chintels havent asked for any of the parking charges so dunno if they will ask for it on Parking or not , THey havent asked on EDC / IDC as those installments have been raised by them.....

      Regarding the Tax component on Kocoon project , lemme check with someone about it , because only 30% of the payment has been asked in this project till now.

      Comment


      • Re : ATS Kocoon, ATS, Sector 109, Gurgaon

        I had a talk with the ATS guys and yes you are right they are including it in the BSP. As of today they refer to some SC ruling that forbids sale of car park separately.
        I am pushing them to absorb the extra service tax burden due to the increase in BSP because of car park inclusion. Maybe others can also try. Lets see if they agree.
        Regards

        Originally posted by Kashmiri View Post
        Request Bhalla ji and others to comment. Lot of members like VB, Amit 79, bewoluf etc who has invested in ATS or Chintel can also contribute their view point on this.

        Comment


        • Re : ATS Kocoon, ATS, Sector 109, Gurgaon

          Originally posted by beowulf View Post
          I had a talk with the ATS guys and yes you are right they are including it in the BSP. As of today they refer to some SC ruling that forbids sale of car park separately.
          I am pushing them to absorb the extra service tax burden due to the increase in BSP because of car park inclusion. Maybe others can also try. Lets see if they agree.
          Regards

          Ok thanks, Do you agree that tax is not applicable on car parking? As such there is some confusion that service tax is applicable or not on car parking.

          Comment


          • Re : ATS Kocoon, ATS, Sector 109, Gurgaon

            No Service tax on charges for parking space

            As per the circular issued by Central Board Excise & Customs, the charges for providing car parking space has been specifically excluded from the scope of service tax. Hence builder cannot charge service tax on charges for providing exclusive right to use car parking space.

            If ATS includes charges for right to use parking space in BSP, then service tax of 3.09% on such charges shall be an extra cost.

            Comment


            • Re : ATS Kocoon, ATS, Sector 109, Gurgaon

              Originally posted by beowulf View Post
              I had a talk with the ATS guys and yes you are right they are including it in the BSP. As of today they refer to some SC ruling that forbids sale of car park separately.
              I am pushing them to absorb the extra service tax burden due to the increase in BSP because of car park inclusion. Maybe others can also try. Lets see if they agree.
              Regards
              Thanks for the update. I will call them shortly for explanation.

              Comment


              • Re : ATS Kocoon, ATS, Sector 109, Gurgaon

                As I said earlier, ATS folks tell me that there is a Supreme Court ruling stating that builders cannot charge extra for car parking. So they have no choice but to include it in the BSP.
                In case there is no such mandate from the court, then their argument is not valid. I don't know if there is any such ruling by court.
                Regards

                Originally posted by Kashmiri View Post
                Ok thanks, Do you agree that tax is not applicable on car parking? As such there is some confusion that service tax is applicable or not on car parking.

                Comment


                • Re : ATS Kocoon, ATS, Sector 109, Gurgaon

                  Originally posted by beowulf View Post
                  As I said earlier, ATS folks tell me that there is a Supreme Court ruling stating that builders cannot charge extra for car parking. So they have no choice but to include it in the BSP.
                  In case there is no such mandate from the court, then their argument is not valid. I don't know if there is any such ruling by court.
                  Regards
                  yes there is a ruling to that effect, there are certain exclusions and if and buts...dont know in that details.

                  Comment


                  • Re : ATS Kocoon, ATS, Sector 109, Gurgaon

                    Yes this is true. The law has been there and some recent cases in favor of the buyers have made the builders cut down on this parking charge as a seperate component and they are starting to include it as a part of the value of the house. Heres some related articles,

                    Builders can

                    Builders skirt SC order, sell parking slots - Times Of India

                    'Builder cannot sell parking space' - Times Of India


                    Originally posted by beowulf View Post
                    As I said earlier, ATS folks tell me that there is a Supreme Court ruling stating that builders cannot charge extra for car parking. So they have no choice but to include it in the BSP.
                    In case there is no such mandate from the court, then their argument is not valid. I don't know if there is any such ruling by court.
                    Regards
                    Originally posted by golu11 View Post
                    yes there is a ruling to that effect, there are certain exclusions and if and buts...dont know in that details.

                    Comment


                    • Re : ATS Kocoon, ATS, Sector 109, Gurgaon

                      Originally posted by beowulf View Post
                      As I said earlier, ATS folks tell me that there is a Supreme Court ruling stating that builders cannot charge extra for car parking. So they have no choice but to include it in the BSP.
                      In case there is no such mandate from the court, then their argument is not valid. I don't know if there is any such ruling by court.
                      Regards
                      Yes I understnad that there was a ruling about 2 years ago and accordingly Aura 2 by Mahindra was sold with parking included in BSP.
                      The recent article as per below link in ET as provided by other member may be also seen:
                      Can you sell your car parking slot? Find out your legal rights - The Economic Times

                      "This is because of the 2010 Supreme Court ruling, according to which flat buyers need not pay extra money to buy parking spaces, both open and closed, from property developers."

                      But if ATS want to change this to avoid their problem then it should not be at expense of investors as service tax unnecessary shall be levied on investor approx 18000/-
                      Last edited March 31 2012, 05:58 PM.

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