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Do not post personal information, such as full names, email addresses, numbers, or home/business name/addresses on the forum. If you feel the need to disclose this information, do it in a private message. Posts containing personal information will be deleted. Revealing real world information about a member, administrator or moderator is STRICTLY PROHIBITED, regardless of the source, public or private. This includes any information about a forum member that reveals an individual's legal name, address, occupation or other sensitive or personally identifiable information.
- @nasood Referring to the bestech reply that you posted, the entire Bestech reply can be summarised as follows: 1. Bestech did not opt for rule 49A, instead it opted for rule 49 2. Bestech quoted a Haryana Govt notification dated 10.02.2014 which disallowed deductions on land and other input tax credit. The below facts / arguments will help you reach out to Bestech effectively: 1. Circular no. 259/ST-1 dated 10.02.2014 (which bestech referred to) along with other circulars of Haryana Govt were challenged in the Hon’ble Punjab and Haryana High court by petitioners CHD developers & others. The Hon’ble high court ordered Haryana Govt to frame necessary amendments to provide deductions in consonance with its judgement. 2. Basis this, Haryana Govt came up with notification No.19/ST-1/H.A.6/2003/S.60/2015, dated 23.07.2015 which amended the rule 25, sub rule (2) of the Haryana Value Added Tax rule 2003. The amended rule was as under: QUOTE: ―(2) In case of turnover arising from the execution of a works contract or job work, the amount included in taxable turnover is the total consideration paid or payable to the dealer under the contract and shall exclude- (i) the charges towards labour, services and other like charges; and (ii) the charges towards cost of land, other charges relatable to land, if any, paid to the Government or its agency. UNQUOTE Further, the amended rule clearly provides for 25% deduction against value of land and 25% deduction against labour cost. 3. It is therefore unethical on part of Bestech to quote an old circular dated 10.02.2014 to justify not providing of said deduction which stands invalidated owing to amendment notification dated 23.07.2015 which explicitly provides for these deductions. 4. Bestech therefore should reduce your tax demand note by half (on payments done on or after 01.04.2014, which are taxed @5.25%), provided Bestech is indeed assessed under rule 49 and not 49A. In case if it actually is assessed under 49A then there is no tax liability on you and the tax liability on Bestech to the Haryana Govt is @1% only. Attached is the notification.CommentQuote0Flag
- I have not heard anything back from Bestech after my last reply. I am hoping that the 2015 circular deflates their argument for collection of higher VAT. Will post an update once I hear from them. If anyone else has had any experience wrt the VAT issue with Bestech, please do post. It will help.CommentQuote1Flag
- I finally heard from you bestech after 3 weeks. Clearly they are on the backfoot and and not being transparent . See the text of the email, which is very ambiguous : "This is to clarify that our company is equipped with group of qualified professionals and are there to suggest the management about VAT model considering number of circulars and notifications issued under the HVAT Act 2003 by the Haryana VAT department post litigation of K. Raheja and L & T. Opting for lump sum composition scheme in respect of contractors as per rule 49, Section 9 of Haryana Value Added Tax rule was the decision of Management of Bestech considering all facts and circumstances under which the company is working. In fact VAT on most of the Material purchased and used by the company for the project is higher than the rate as applicable under the composition scheme also land cost is negligible. Most of the material is purchased from outside Haryana. Opting for said notification may be benefited where major activities of the project are subcontracted to other contractors and purchase of the company is negligible. Considering the facts, please rectitude the decision of the company and pay the VAT." I have asked them if they have formal approval from the authorities wrt to land and labour.. lets wait for the response. any suggestions ?CommentQuote0Flag
- Hi.. Is there any update from your side on this matter?CommentQuote0Flag
- They havent responsed after my last reply, where I asked them for approval from relevant authorities for considering labour and land @ 0%..
half of the people seem to have paid, while the remaining are holding on..CommentQuote0Flag
- apparantly they have applied for the OC and expecting to receive it by January. also appears that they will start phased handover with som towers and may take upto 12 months for complete handover. The club facilities etc could take upto 6-8 months after they start with handover of first phase.
So they will manage to stay out of RERA ambit despite such a long handover period. also knowing them they may invoke some unfair clauses in the BBA, like high penal interest, increase in area, cost escalation etc..
anyone with anyother info please share.CommentQuote0Flag
- those who have unit please message me your details and i will add you to our whatsapp group.
Apologies but can't add a dealer.
BTW we are planning to take bestech to clearners for incorrect info and extortion.
Now that they have obtained OC we can stand our group and really teach them a proper lesson.
Cone on all we all have invested 1C and we can put few more thousand each for good lawyer.
Waise Akela Modi kya karegaCommentQuote1Flag
- Latest from Builder is that OC is received, possesion / final demand letters are being sent out this week. Visited site and find almost all units in towers D,E,F,G are ready- not sure about A,B,C &H.
Clubhouse still not completed. Nursery is almost complete, landscaping work going on with good progress. All internal finishing of apartments - i.e wooden flooring, modular kithen, painting , etc to be done after final payment /OC demand is met.CommentQuote0Flag
- @intelashish I have been posting regularly for last 3-4 years and being an end user as well- I'm deeply committed to the cause of getting the apartment in hand ASAP. I have been waiting for my unit for over 5.5 years now since the first cheque was written in pre-launch Jan 2013. Forced to pay the VAT demand seeing no other option as per BBA clause, also hoping to cut my loses and at least get possession soon. I would be interested to join a group to fight it- but I still can't PM anyone to join the Whatsapp group.
PVS possession still seems a far fetched dream, now that they are saying the process will take another 120-180 days to hand over get the keys! No possession letters mailed as expected earlier this week, upon enquiry , CRM says "management is still figuring out ad-hoc charges" . Well after 5.5 years since taking the first cheque! Unacceptable! I will surely claim for compensation on this delay beyond 42 months from BBA signing date.CommentQuote1Flag
- is there any closed group. BESTECH has issued demand on possesionCommentQuote1Flag
- Here are further details:
In the offer for possession letter, Builder has not adjusted delay in possession charges reason being if there is any interest reflected in your account statement (either paid or waived off) then no compensation which is unfair.
There is some Misc. Registration charges of around 37K + GST (Around 43K). This is over and above Stamp Duty.
External Facade Charges (small line mentioned somewhere in BBA with xx per sq ft), FTTH, Electricity Connection Charges, Electricity Security Deposit, IFMS, Advance Maintenance, Club Charges etc.
Anyone raised the issue of Delay in possession charges?CommentQuote0Flag
- Is there any closed group like what us up. In fact as per various judgement we can fight for delayed compensation and for other misc. charges. If not let us make one on whats up and one on mailCommentQuote1Flag
- We need to form a whatsapp group to unite against the builder’s unreasonable demands.
Please PM me your mobile number and I will initiate a whatsapp group.CommentQuote0Flag
- Members, please note -
Do not post personal information, such as full names, email addresses, numbers, or home/business name/addresses on the forum. If you feel the need to disclose this information, do it in a private message. Posts containing personal information will be deleted. Revealing real world information about a member, administrator or moderator is STRICTLY PROHIBITED, regardless of the source, public or private. This includes any information about a forum member that reveals an individual's legal name, address, occupation or other sensitive or personally identifiable information.CommentQuote0Flag