srihasa
23 November 2013 at 12:20
Hi,
I recentely booked one villa in Hyderabad,Builder started constructiion based developement aggreement with landlord,As pr their developent aggreement builder allocated few villas to landlord, My villa is one of the villas of landlord which constructing by builder.
The aggreement value of my villa is 80Lacs,While booking, builder said to me that i need to pay the complete amount on landlord's name as it is part of landlord's share,I totally agreed on this.
Now prior registration builder is demanding me to pay SERVICE TAX & VAT as per below calculation on his name.
Agreement value 8000000
Excemption for vat
(75% of agreement value) -6000000
Applicable amount for VAT 2000000
Vat 5% 100000
Excemption for Service tax
( 60% agreement value) -4800000
Applicable amount
for service tax 3200000
Service tax 12.36% 395520
As per above calc
VAT 100000
SERVICE TAX 395520
Total 495520
Here my question is in his above caluculation he is considering total aggreeement value in calculating service tax, So my understanding as per Notification No. 26_2012-Service Tax dated 20_6_2012, He should consider only 25% of the aggreement value for service tax calculation as land value included in agreement value, But he is not at all considering my words/thoughts, He is simply saying that he will come under works contract rule, so as per work contract taxation rule i should pay service tax on 40% of agreement value, Then i said as per Notification No. 24_2012 - Service Tax, it should be 40% on works contract value not on the agreement value,I said 80 lacs is not workcontract value then He said there is no seperation of land and workcontract value, agreement value is total value , so i need to pay service tax on 40% of agreement value,
I am requesting all experts here to suggest me on this , I gone through above notifications , as per my understanding , If it is workcontract,service tax should be payable on the 40% of workcontract value and if there is no seperation of works contract & landvalue,then service tax should be payable on 25% on agreement value, Please suggest me on this.
Thanks ,
Regards,
Srihasa.
Anonymous
23 November 2013 at 12:14
I have buyied place of 700sq.ft from the man who owns he had 2 sons all live together ,1 of the son had filed suit then its got judgement that belongs to me in 2005 ,that time there is a house which is 2/4 th broken, i did'nt take any action i left it then now another son filed same case which has been already judgemented in court now its going on in court ,can i clean the place there is any problem ? They are telling that house was in there possesion we are living in that paying water usage tax,electricity tax. Can i destruct and take possision of that if i do there will be any problem by legal.what i want to do ?
VINOD KUMAR MALSARIA
23 November 2013 at 11:36
Sir
After exicute sale deed , valid document sale agreement or sale deed ?
Todi
23 November 2013 at 09:38
Dear Cooperative Matter Experts: We are raising this query due to conflicting opinion of advocates for the sake of clarity:
On complaint of the owner of a room in a cooperative commercial society in Mumbai police has registered a case under various sections of Cr. P.C.and the same is still pending for disposal.
In order to pressurize the owner the society is not allowing him to use the room or rent it out and so an injunction order has to be obtained. Society is on records in court proceedings in City Civil Court that they have never allowed the room to be used as the same were illegally built by the builder and the case was dismissed as withdrawn. Now the query:
a) While one lawyer says only property tax need to be paid for the room as it is a ownership room with an agreement.
b) Other lawyer says that all arrears of society dues will have to be paid although the society has not allowed the use of the said room to owner and even if the same is admitted by the society in the court in writing.
Awaiting your considered opinion. Regards.
RAVI
23 November 2013 at 09:26
Can a non-farmer buy KUMKI land which has got a door allotment & RTC from a farmer.
I believe, there are some changes in the law relating to KUMKI land recently... will that help in buying KUMKI land by Me.
RAVI
23 November 2013 at 09:23
Hi, my mom has become a owner of the property which is acquired through WILL - registered in Karnataka by her Mother in law. This is a self acquired property of mom's mother in law. Can this WILL be challenged in court? If yes, on what grounds & what are the chances of this WILL being void.
As the WILL is registered & witnessed by a Lawyers & doctor, still is there is a chance of WILL being void?
Rajesh Thakral
23 November 2013 at 08:51
R/sir I put a istagaasa against a clerk for demanding bribe in the lower court with three witnesses . Now my case was on consideration from dated 16 Aug-2013 but on every date of next hearing the Honable Judge give me next date without any talk with my Advocate and this happens five times. So five times my case is running on consideration and no gurantee that my next date of hearing is 7-dec,2013 the Honable Judge again give me next date. Actually sir I am a Govt. employee and i attend the court proceeding with a loss of leave from my department and i got loss of one day salary that is Rs.1200/- per day. So please tell me the remedy of my problem.
dnyandeo sawant
23 November 2013 at 08:34
Dear sir,
I have bought 1 pagdi room, The room was in the name of parties mother in laws name,Parties all relatives including Mother in law, Husband is not alived,
Now the landlord demanding 1/3rd of deal amount also wants transfer & registration amount of first party which is very big amount & I don't have that much amt, Pls guide me what should I do?
Dnyandeo Sawant
nizam shaikh
23 November 2013 at 07:55
Son has dout that his father will transfer his property to someone else to stop this what will be the legal procedure to be save..
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Old cessed building in mumbai repair/redevelopment
Hi
The Querry is regarding an old cessed building in South Central Mumbai.
An old cessed building is in the process of undergoing repairs.
After Repairs can this building be eligible for redevelopment.
Since the Landlord of the Bldg is involved in a legal tussle with the previous Landlord the Title Clearance will take some time.
Hence the residents of the Building want to first repair the Building.
Also since our Landlord is not finalized by the court what is the procedure for Repairing.
Thanking You