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Gautam (engineer)     02 November 2014

Service tax on the booking of flat which was not approved

Dear members,

Please help me in getting the resolution of my queries.

Introduction---------------------------------------------------------------------------------------------------------------------------------

I have booked a flat in one residential project in Noida Extension, UP,India in Feb,2013. The builder office is in Delhi. I have made 20% payment(amount is around Rs.6,50,000.This include the service tax of around Rs.21,000).

Till now builder has not made builder buyer agreement.After forcing him to give the BBA, the builder said that the booked flat is not approved by greater noida authority.Builder has  put me in dark till now.

After  this fraud i decided to cancel my booking and given the cancellation request.Builder is saying that the amount will be refunded after deduction of the service tax which was already paid by me.

Query-----------------------------------------------------------------------------------------------------------------------------------------

(1) If the flat is not approved by the greater noida authority then is it possible to deduct the service tax?

(2) Can i get back my deducted amount?

Please help me.

Thanks,

Gautam 



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