Gst - sec 142 – miscellaneous transitional provision
Rajesh Gupta
(Querist) 31 March 2018
This query is : Open
I booked a flat in June 2017 with booking amount 3.25 Lakhs. But in Jan 2018, deal went off due to some reasons. Now, when I went for refund of the booking amount, builder said "they have paid 1.30 Lakhs as service tax (45% service tax of total property price). And this amount is not refundable in GST regime."
While going through internet, I found that in GST, service provider can issue a Credit Note in case of cancellation to refund the service tax paid. (But I am not sure if this information is correct.)
I also got to know about below law, which can be applicable. could you please explain below mention law in layman terms.
Sec 142 – Miscellaneous transitional provision
(5) Every claim filed by a person after the appointed day for refund of tax paid under the existing law in respect of services not provided shall be disposed of in accordance with the provisions of existing law and any amount eventually accruing to him shall be paid in cash, notwithstanding anything to the contrary contained under the provisions of existing law other than the provisions of sub-section (2) of section 11B of the Central Excise Act, 1944.
Dr J C Vashista
(Expert) 01 April 2018
Since you are aware about the provisions of law applicable on the issue of refund of GST, even then if you are interested in improvement in your legal knowledge, consult a local coaching centre/institute/ college/University.
Rajesh Gupta
(Querist) 11 April 2018
Hi Sir,
Builder said he will provide the service tax certificate then I have to follow-up with the concerned authorities for the refund. But as per my understanding "The refund of service tax paid to the Government can be claimed only by the person who has paid the service tax".
Could you please help me the correct my understanding.
Also, if I have to follow-up with government authorities, could you please guide me.
