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Jalangi Liver (Japaer)     09 March 2017

Booking cancellation & refund of service tax on flat


We had paid for an under-construction apartment and subsequently pulled out. The builder has another buyer who has paid the amount in full that we had paid so far. The apartment is still under-construction and there hasn't been any handover yet. The problem is that the builder is refusing to refund the service tax amount and deducted the same from the refund to us. Is the builder right in doing so or he should pay us back the service tax amount as well? We feel cheated and are not sure where we stand legally. On our part, we have been making the payments on time.

Thanking you in advance for any advice.

Kind regards



 7 Replies


Service tax he should collect when the deal is through, not when the deal is off.  Check if anything mentioned in prospectus etc.  If not, he has to pay you back the money.

1 Like

Jalangi Liver (Japaer)     09 March 2017

What if he refuses to pay, what should be my next course of action? Are there any guidelines on service tax that I could quote in my communication with him?

shrenik (lawyer)     09 March 2017

Send notice through a lawyer Asking him how he can take service tax from 2 buyers for same property

Jalangi Liver (Japaer)     10 March 2017

Any good lawyer for this near Kolkata?

Jalangi Liver (Japaer)     10 March 2017

Any good lawyer for this near Kolkata?

Jalangi Liver (Japaer)     10 March 2017

CS Debanjan Banejee (Advocate & Corporate Consultant)     17 July 2018

You may contact​
CS Debanjan Banerjee {ACS,LLM}  
Advocate & Corporate Consultant, High Court, Calcutta
Proprietor:  THEE Corporates 
                 *Advocates & Corporate Consultants
.                                     Office/Chamber:                                        __    .
Hazra More, Kolkata           Serampore, Hooghly     Residence
73/B, S.P.Mukherjee Rd,    22/B, Lenin Sarani        Banerjee House
Kolkata - 700026,                  Serampore, Hooghly     Janai, Hooghly  
  ( m )  :  9 8 8 3 1 6 7 9 1 8    /    9 4 3 2 9 3 8 1 3 0
e-mail: mrdebanjan.banerjee@gmail.com

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