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Pune No Service Tax to be paid if Builder gets the Completion Certificate

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Pune No Service Tax to be paid if Builder gets the Completion Certificate

Last updated: September 12 2016
23 | Posts
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  • #11

    #11

    Re : Pune No Service Tax to be paid if Builder gets the Completion Certificate

    How much % Interest on Service Tax & VAT to be Paid to the Owner & by Whom?

    Recently, I got to know that Service Tax and VAT was not to be paid for ready possession flat in Maharashtra. I bought the flat in July-2012.

    Upon which I had contacted to the builder and he happily gave me back the amount i.e. 3.09% Service Tax and 1% VAT in the month of August 2015.

    Now the real question is that, the builder had the amount for 3 years so who needs to pay me the interest on it as well as how much % interest does the builder/govt. need to pay.

    Can you throw some light on the same.

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    • #12

      #12

      Re : Pune No Service Tax to be paid if Builder gets the Completion Certificate

      I think zero percent interest. You paid it yourself. Government didn't demand it from you. I had once paid twice the property tax by mistake. For one year, the money lied dormant with them, and it was adjusted next year without any interest.

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      • #13

        #13

        Re : Pune No Service Tax to be paid if Builder gets the Completion Certificate

        @realacres - Senior members, please give your inputs.
        Last edited August 13 2016, 04:07 PM.

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        • #14

          #14

          Re : Pune No Service Tax to be paid if Builder gets the Completion Certificate

          Service Tax and VAT: Not Applicable on Ready Possession Flats in Pune

          There was a ruling by Bombay High court that builders can't take service tax & VAT on ready possession flats. Does anyone know the court ruling number or court case number so that we can have a look to the whole judgement as to understand it in depth.

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          • #15

            #15

            Re : Pune No Service Tax to be paid if Builder gets the Completion Certificate

            Originally posted by immortal View Post
            There was a ruling by Bombay High court that builders can't take service tax & VAT on ready possession flats. Does anyone know the court ruling number or court case number so that we can have a look to the whole judgement as to understand it in depth.
            No need for any ruling as same is part of basis provisions of law. Against sale of immovable property / RTM, there is no transfer of ownership of any goods (for VAT) or services (for service tax) from builder to flay-buyer.

            Further, recently, Delhi High court has ruled that 'service tax' is NOT payable even while buying an under-construction property.

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            • #16

              #16

              Re : Pune No Service Tax to be paid if Builder gets the Completion Certificate

              Originally posted by amit007 View Post
              No need for any ruling as same is part of basis provisions of law. Against sale of immovable property / RTM, there is no transfer of ownership of any goods (for VAT) or services (for service tax) from builder to flay-buyer.

              Further, recently, Delhi High court has ruled that 'service tax' is NOT payable even while buying an under-construction property.
              Is Delhi High court judgement applicable in pune as well?
              Last edited August 17 2016, 10:52 AM. Reason: Removed 'is'

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              • #17

                #17

                Re : Pune No Service Tax to be paid if Builder gets the Completion Certificate

                Originally posted by 411057 View Post
                Is Delhi High court judgement applicable in pune as well?
                Yes, in my view.

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                • #18

                  #18

                  Re : Pune No Service Tax to be paid if Builder gets the Completion Certificate

                  As far as i know the Delhi high court judgement is valid withing its Jurisdiction i.e in Delhi only

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                  • #19

                    #19

                    Re : Pune No Service Tax to be paid if Builder gets the Completion Certificate

                    I thought VAT is a applicable throughout the country irrespective of state/union territory.

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                    • #20

                      #20

                      Re : Pune No Service Tax to be paid if Builder gets the Completion Certificate

                      Sure, you are right we know but I am fighting a case for my own flat in consumer forum court, where they are asking to produce the govt. or Mumbai High Court ruling saying that No service tax and VAT would be applicable to RTM/ready possesion flat.

                      Can you please help.

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