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- I will not disclose that
Group is volunteerly managed by xxxxxxxxxx. He will not entertain the unknown number...
So Massage can be send to him.
At the same time -- we should be in position to produce the info /docu/faith that you are a real investor in CHD VANN.
-By the way, We will meet some day in Vann during morning walk ---or during BBQ Party at my roof top Penthouse (Tower-xx)CommentQuote0Flag
Not allowed to Post any Mobile number or identity on IREF........
I posted , thinking to help you .....but.........blocked ..........
Can I also get the personal message please to join the whatsapp group. Whatever documents are needed for ensuring that I am true investor in CHD Vann will be provided.CommentQuote0Flag
- No Boss, Personal massage can be sent to only those members who has posted minimum of 10 Posts......I had read on some post before......
You can request the admin for special consideration, then only the personal massage option will show.
Hope you will not misunderstand me.....CommentQuote0Flag
- No Service Tax on buying under construction flats, rules Delhi High Court | The Logical Buyer
No Service Tax on buying under construction flats, rules Delhi High Court
June 8, 2016 thelogicalbuyer 4 Comments Apartments, Delhi High Court, Service Tax, SURESH KUMAR BANSAL, Tax on Builders, Taxes, Union Of India
The Delhi High Court recently held that no Service Tax could be charged in respect to the contracts entered into with the builders or developers for the purchase of apartments/flats. In the case of Suresh Kumar Bansal vs the Union Of India, the bench of Justices S. Muralidhar and Vibhu Bakhru observed that the Section 65(105)(zzzh) is applicable for the purchase of units in a complex within the scope of taxable service. However, the service tax will still be applicable on preferential location charges (PLC) levied by a builder.
The Court ordered if the developer has already collected the Service Tax on such services, same should be refunded with interest at the rate of 6%.
However, the Service Tax on PLC (Preferred location charges) is still applicable.
Service Tax on sale of Apartments
Till date, Service tax is levied by the Central Government on the construction services offered by the developers to buyers. Presently, Service tax is 15.0%. Service tax is applicable on almost all services that a consumer avails, including buying an under-construction property. This is so because, in the case of an under-construction property, the developer is deemed to be the provider of construction services to the homebuyer, and hence service tax is charged on the cost of construction. It is not charged on the entire value of the property but only to the extent of the cost of construction. This means that cost of land is excluded. For the purpose of calculation, 25% of the gross value of an under-construction unit with the value less than Rs.1 crore is considered to be the cost of construction, and service tax is applied on this.
Suresh Kumar Bansal vs the Union Of India in Delhi High Court
The buyers purchased apartments in Sethi Group – Max Royal, Sector 76, Noida from M/s Sethi Buildwell Pvt. Ltd. The builder has in addition to the consideration for the flats also recovered service tax from the Petitioners, which is payable by him for services in relation to the construction of complex and on preferential location charges.
The buyers are aggrieved by the levy of service tax on services ‘in relation to the construction of complex’ as defined under Section 65 (105)(zzzh) of the Finance Act, 1994 (hereafter ‘the Act’). Buyers state that their agreement with the builder is a composite contract for the purchase of immovable property and contend that in the absence of specific provisions for ascertaining the service component of the said agreement, the levy would be beyond the legislative competence of the Parliament.
The controversy of Service Tax
The controversy involved in these petition relates to the question whether the consideration paid by flat buyers to a builder/promoter/developer for acquiring a flat in a complex, which under construction/development, could be subjected to levy of service tax. According to the Petitioners, the agreements entered into by them with the builder are for the purchase of immovable property and the Parliament does not have the legislative competence to levy service tax on such transaction. The Petitioners further claim that the Act and the rules made thereunder do not provide any machinery for computation of the value of services, if any, involved in the construction of a complex and, therefore, no such tax can be imposed.
Based on the various submissions and the orders passed by the Hon’ble Supreme Court, the court made finally observations:
In the present case, neither the Act nor the Rules framed therein provide for a machinery provision for excluding all components other than service components for ascertaining the measure of service tax. The abatement to the extent of 75% by a notification or a circular cannot substitute the lack of statutory machinery provisions to ascertain the value of services involved in a composite contract.
Insofar as the challenge to the levy of service tax on taxable services as defined under Section 65(105)(zzzzu) is concerned, we do not find any merit in the contention that there is no element of service involved in the preferential location charges levied by a builder. We are unable to accept that such charges relate solely to the location of land. Thus, preferential location charges are charged by the builder based on the preferences of its customers. They are in one sense a measure of additional value that a customer derives from acquiring a particular unit. Such charges may be attributable to the preferences of a customer in relation to the directions in which a flat is constructed; the floor on which it is located; the views from the unit; accessibility to other facilities provide in the complex etc. As stated earlier, service tax is a tax on value addition and charges for preferential location in one sense embody the value of the satisfaction derived by a customer from certain additional attributes of the property developed. Such charges cannot be traced directly to the value of any goods or value of land but are as a result of the development of the complex as a whole and the position of a particular unit in the context of the complex.
If the builder has collected any amount as service tax from the buyers for taxable service as defined in Section 65(105)(zzzh) of the Act and has deposited the same with the government authorities. Any such amount deposited shall be refunded to the buyers with interest at the rate of 6% from the date of deposit till the date of refund.
Order Copy: SURESH KUMAR BANSAL and ANUJ GOYAL vs UNION OF INDIA & ORS W.P.(C) 2235-2011 and 2971/2011
The Logical Buyer and the Buyer’s community welcome the decision of Hon’ble High Court. Homebuyers have always been burdened with various taxes. Instead of safeguarding the interests of homebuyers across the country, the governments have made them an easy source of income by levying various taxes.
The order of Hon’ble Delhi High Court if not challenged in SC by the government would be applicable to all the homebuyers. You don’t necessarily have to go to Court to get the refund if this petition succeeds.
We appreciate the homebuyers who went ahead and challenged this in the Court of Law. Respect!CommentQuote1Flag
- But CHD has billed us for service tax in the latest invoice received few days back..CommentQuote0Flag
- You are lucky.....
I have got
3 Swatch Bharat Cess
4 Krishi Kalyan Cess.
5 Total Service Tax**CommentQuote0Flag
- Copy and Paste from another group,
Read on your own risk ---please
Yes I took Refund of service tax of Rs.80000/- Back from my builder.
I have approached builder and asked refund/Details of Govt. account deposit but he has refused to give any details.
Then I have contacted service tax commissioner at Nashik he told me to give complaint to department. Accordingly I have contacted builder and told him that I am making complaint to commissioner of service tax then I came to know that my builder has not deposited collectef service tax amount with Govt. So he immediatly returned my Rs 80000/- back.
Only I Missed 6% Interest.
Shridhar VYAWAHARE Nashik
I got following message
Ask refund of service tax from your builder with 6% interest rate.
On 3 Jun Delhi high court given judgment (WP (C) 2235/2011) that service tax is not applicable for flat construction. Further HC ordered builder to refund service tax amount with 6% intrest from date of deposit amount till refund of amount of service tax.
Hence all flat purchasers who have paid service tax to builder Pl ask it back with 6% intrest rate if you have taken possession of flat.
Please demand it with written register letter and ask him Govt deposited proofs and details and give period of 15 days for refund and if he fails then approach to Commissioner of Service Tax for complaint. If builder gives receipt and proof then write to service tax commissioner for refund as pet Delhi High Court judgement as it is central tax applicable in whole India.
Order can be downloaded from
Welcome to High Court of Delhi
Pl put service tax refund 2235/2011 Delhi HC in Google search engine you will get various sites to for download
For further guidance please contactCommentQuote0Flag
- Dear What App Gr Members,
No concrete suggestion received to fight against HUDA/ HARYANA Govt from our group.
Why we booked flat with builder?
We saw Haryana Govt “License” and “Gurgaon Master Plan” as an Assurance that State Government will Develop Sectors in time frame after charging
1 Change Land Use (CLU) * Residential Rs 158 per Sq Mts (HUDA)
2 License Fee * Rs 40 Lacs per Acre (HUDA)
3 IDC * Rs 500 per Sq Mtrs (HUDA) Total to paid within six month of grant of license.
4 Security Fee * Group Housing Rs 30 per Sq Mts (HUDA)
5 EDC * Rs 500 per Sq Mtrs (Tentative) (HUDA)
6 Kiln License Fee (HUDA)
7 Labor Cess Charges * 1 % of cost of construction (Labor Deptt haryana)
8 VAT * 12.5 % (Haryana Govt)
9 Service Tax (Central Govt)
10 Swatchh Tax (Central Govt)
11 Kissan Kalyan Tax (Central Govt)
12 Registration Charges * 7 % of Total Cost of Flat (Haryana Govt & Gurgaon Corporation)
13 Paying for building 25 % of approved flats for EWS. (CHD is supposed to construct 101 EWS flats from our money)
14 Builders will Construct & Internal Roads & Free Land
(C) That portion of Sectors/ master plan road which shall form part of the licensed area shall be transferred free of cost to the Government in accordance with the provisions of Section 3 (3) (e) (ii) of the Haryana Development and Regulation of Urban Area Act, 1975.
d) The license shall construct the 12/ 18/ 24 M wide service road forming part of the site area at his own cost and the entire area under road shall be transferred free of cost to the Government
15 HUDA will not provide Construction Water. Water to be purchased ground extraction not allowed.
AFTER SO MANY PAYMENTS
HUDA HAVE NO COMITMENT ABOUT
Type of Service
Quantity of Service
Quality of Service
Haryana Govt approved 57 New Sectors (No 58 to 115) in Master Plan, minted money from
1 Group Housing Societies
HUDA monthly salary expenditure is Rs 200 crores per month without accountability.
HUDA has become bankrupt taken loan of Rs 1, 300 Crores from Bank & Infra Dev Fund. ALL ENGG PROJECT ON HOLD.
License for CHD project was issued on Mar 19, 2008 and land for roads is not acquired in more than six years and Validity of License is four Years.
AROUND 50, 000 Buyers have been CHEATED BY HUDA in Gurgaon only.
My Suggestions for action
Organize& Educate Buyers
Increase Size of Group
Collect relevant Data via RTI
Expose Corruption of Haryana Govt/ HUDA
PRESS - ATTACK
SOCIAL MEDIA - Good Weapon
Write letters to Secretary Town & Country Planning, CM, Union Urban Development Minister
Haryana Govt Public Grievance Portal
Develop & Contribute in Blog “HUDA BUYERS WANT JUSTICE”
Create a Face Book Page “LOOTING & CHEATING BY HUDA”
Protest at HUDA Office & Media Coverage
Try to work for common cause of ALL NEW SECTORS (57) & Different type of Sufferers (GHS, Res. Ind, Com, Instt)
Take CHD Developers in Loop
Slow but effective
- RTI Query to HUDA on development (Roads, Sewer, Drainage, Potable Water, Street Lights, Garden, Plantation) Work in Sector 71 Gurgaon
LAND NOT ACUIRED YET
Read interesting reply
LOOTING & CHEATING BY HUDACommentQuote2Flag
- Very upset.......CommentQuote0Flag
- FACING A SEVERE FINANCIAL CRUNCH, HUDA HAS PUT ON HOLD VARIOUS DEVELOPMENT PROJECTS IN THE STATE.
The HUDA authorities, sources said, had ordered its Engineering Department to keep development projects on hold till its financial improved and utilize the funds for salaries, medical and electricity bills and other necessary expenses. HUDA has to spend some Rs 200 crore per month on salary and other establishment expenditure, including electricity bills.
The HUDA has eight circles at Panchkula, Karnal, Faridabad, Rohtak, Hisar, RGECP Circle, Sonepat, and two at Gurgaon and one electrical circle with four Divisions at Panchkula, Gurgaon, Rohtak and Hisar. Besides, the HUDA has a horticulture circle having five Divisions at Panchkula, Gurgaon, Hisar, Rohtak and Faridabad.
P Raghavendra Rao, Additional Chief Secretary (Town and Country Planning and Urban Estate Department), admitted that HUDA was facing a financial crisis due to a slump in the market, fewer receipts and higher payments due to enhancements awarded by the courts.
HUDA has already tried measures like a cash credit limit of Rs 1,000 crore from banks and a Rs 300-crore loan from the Infrastructural Development Fund to tide over the crisis, said sources.
Rao said there was no blanket ban on development though officials had been told to prioritise the works.
HUDA had taken some steps to come out of this situation. The steps included review of the reserve prices of unsold commercial properties , floating of sectors where land has already been acquired, handing over of old sectors to municipal councils and sale of residential plots against 100 per cent payment only through tripartite agreements between banks, customers and HUDA, he added.
- Excellent and very informative post!Originally Posted by skmalikRTI Query to HUDA on development (Roads, Sewer, Drainage, Potable Water, Street Lights, Garden, Plantation) Work in Sector 71 Gurgaon
LAND NOT ACUIRED YET
Read interesting reply
LOOTING & CHEATING BY HUDACommentQuote0Flag
Sh P RAGHAVENDRA RAO
Addl. Chief Secretary
Govt of Haryana
(Town & Country Planning and Urban Development)
CC CM Haryana (xxxxxxx)
Subject: - Extraordinary Delay by HUDA in Developing Sec 71, Gurgaon.
We are flat buyers of “CHD – Vann” Group Housing Society approved by HUDA in Sector 71, Gurgoan vide License No 52 of 2008, dated Mar 19, 2008.
Through RTI request (copy enclosed) we came to know HUDA has not acquired the land in Sec 71 for Sector Master Roads in Sector Internal Roads. No Budget provision exists for FY 2016- 17 for development such as Roads, Sewer, Drainage, Potable Water, Street Lights, and Plantation etc.
Haryana Govt issued license on Mar 19, 2008, more than six years have passed and NO PROGRESS.
Sir, We booked the flat with builders thinking planned development by Haryana govt.
YOUR LICENCE WAS ASSURANCE TO US, WE WILL NOT BE CHEATED.
We paid via builders to Govt State & Center
Will pay, LABOUR CESS & REGD CHARGES
Most of buyers are Salary Class, living in rented accommodation & paying EMI with Interest.
SIR, YOU MAY BE ALSO SALARY CLASS, KEEP YOURSELF IN OUR CONDITION & DO THE JUSTICE.
Pl Instruct to HUDA to EXPEDITE and come out with DEFINETE SCHEDULE.
We will love to meet personally to explain our problems. Give us appointment.
- Very Informative !! thanks for the information !!CommentQuote0Flag