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Vishal Bhargava (DGM)     22 March 2012

Service tax and vat-navi mumbai-flat purchase

I have bought the flat no 304 in Satyam Platinum building Kamothe Navi Mumbai and yet to complete the full payment. I did registration in Feb 2012. I booked flat on 11 dec 2011 and architect's "virtual completion certificate" for building dated 23.11.2011 is avaialable. The Occupation Certificate is yet to come.Please let me know if I need to pay service and VAT for building which seems to complete prior to my booking in it. The builder is asking for 2.58% service tax & 1 % VAT. Please let me know if I need to pay Service tax & VAT. I will be thankful to esteem lawyers. 



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 6 Replies

sindhu Mangat (advocate )     22 March 2012

With effect from 01.07.2010, service tax is to be paid on any amounts paid to builder if such payments are made at any stage before obtaining of completion certificate.

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Vishal Bhargava (DGM)     22 March 2012

Please let me know the difference between occupation certificate and completion certificate as govt Service tax notification says that Service tax to be paid if payment is given before completion certificate.It may be the case that completion certificate is received by builder and he is not sharing it with me after which I may have booked the flat...

sindhu Mangat (advocate )     22 March 2012

what is relevant for the purpose of service tax is 'completion certificate'. Such certificate can be isssued  by any  government authority and also architect registered with the Council of Architecture constituted under the Architects Act, 1972 (20 of 1972); or  chartered engineer registered with the institution of Engineers (India); or  licensed surveyor of the respective local body of the city or town or village or development or planning authority :who is authorized under any law for the time being in force, to issue a completion certificate in respect of residential or commercial or industrial complex, as a per condition for its occupation.

 

So if the builder has collected amounts before issue of completion certificate, you will be liable to pay service tax. Please also let me know whether occupation certificate is something given by builder himself or any authority?

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Vishal Bhargava (DGM)     22 March 2012

Occupation certificate is issued by govt body CIDCO which certifies building is fit for living...completion certificate I am not very sure but is issued by arcitect...

Vishal Bhargava (DGM)     23 March 2012

ALso please let me know if Builder has obtained completion certificate after my part payment..should I be liable to pay full service tax or service tax on amount paid before completion certificate obtained by builder. Please clarify..thanks in advance

Shine Kumar R. (Engineer)     23 January 2013

I have booked a flat in Sector-14, ( Dec, 2011)Taloja Panchand in Navi Mumbai. My builder is asking for 3.58% of registered value as service tax. 1% VAT I have already paid. This property is still under construction. 3.58% is genuine or not.  From other sources I heard it is only 3.09%. Let me know which is corrct.


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