Vat n service tax is to b paid by whom
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 26 April 2013
This query is : Resolved
Sir I hv purchased flat in d year 2009 n same registered in 2009 itself, d face value was 716000 n out of d same nearabout 5lac were paid b4 march 2010, n balanced paid at d time of possession, now builder is demanding 33, 000 towards vat n service tax from me, however I heard that after april or march 2010 owner has to pass this n b4 that builder has to pay d same, so advice me who has to pay d same, n to what extent
H.M.Patnaik
(Expert) 26 April 2013
As I understand the registration was completed by the end of Financial year 2009-10 and if at all any liability arose towards Service tax , the same was to be reflected in the agreement/Demand note / Invoice raised by the Builder at the time of registration of the property.If there was no mention of such a liability in the aforementioned documents, you need not break your head on such belated demand.
Pl. check up the documents available with you reg. the value of the Flat as well as Receipt/ acknowledgement issued by the Builder towards payments received from you to find out on what account the payment was received?
Any such demand at a belated stage is not maintainable.
In my opinion
elgin matt
(Expert) 27 April 2013
I am in agreement with Mr.Patnaik,in the absence of any clauses to this effect as explained above no builder can charge tax liabilities so belatedly. Please remember taxes are paid annually not cumelativelly.
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 01 May 2013
But he is saying that government has given retrospective effect for the same for the said demand, stating it 2 b paid by flat purchaser
