Service tax and vat payment

PuneBuyer (Querist) 01 December 2015 This query is : Resolved
Dear Members need help on Service Tax and VAT payment

Recently I have booked Flat in the Pune and done the agreement in last week
while booking builder told me to pay the Service Tax & VAT and gave the cost, but builder was agree to pay the Service Tax at the time of possession.
below are the cost details -
Agreement cost(Basic+Parking+Development charges etc. ) - 40,80,000/-
Service Tax(3.5%) - 1,42,800/-
VAT(1%) - 40,800/-
Stamp duty(6%) - 2,44,800/-
Registration - 30,000/-
-------------------------
TOTAL -45,38,400/-

below is the sequence so far...
15-Septemeber - booked flat - Paid booking Amount - Rs. 50,000/-
15-Novemeber - Before Agreement I paid Rs. 11,31,600/- (including booking amount)
Paid Total = 20% of agreement cost + Stamp Duty + Registration + VAT = 11,31,600/-

on 20-November we did the agreement(Registration), while agreement I come to know that builder got the completion certificate from Pune Municipal corporation for the flat of Date 13-November-2015.
Builder is giving possession in Jan -2016. After agreement in Demand letter he mentioned the Service Tax with remaining 80% of Agreement cost.

As I made Payments after getting the Completion Certificate, my question is should I Pay the Service Tax to builder or Not?

Please help.

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ADV-JEEVAN PATIL, MUMBAI (Expert) 03 December 2015
1) flat booked 15th Sep.15, your oobligation to pay Service tax . 3.5% n Vat at 1% begins if flat booked under construction.
2) if CC or OC received 13th Nov. 15 by builder, matter determines whether tax recd/to be received from u is paid to govt. by Builder.
3) Reseve your claim for refund if not paid.
4) Hope clear. If required contact 8969400938, jeevansci@yahoo.com
Adv.JEEVAN PATIL
Property Matters