I have purchased a flat in 2008 and completed all payments by 2010. The building recieved its CC in 2011. Now the builder is asking for VAT on payments made as per the sale agreement. However the VAT registration date for the builder is in 2012. As per my knowledge if a builder registers for VAT on a particular date, he is not legally authorized to collect VAT from consumers for a period prior to his VAT registration even though he might be paying VAT himself prior to that. Can some taxation expert confirm the same and if possible provide a link on the MVAT site which confirms the same.
It is the general law that if a dealer is liable to pay tax on his taxable turnover, he shall pay tax in accordance with law. Non registration, unregistered dealer and non-collection of tax are not reasons to escape from tax payable. The seller can collect appropriate rate of tax from the purchaser if he is a registered dealer under the provisions of the State Act. However the wordings used in the sale agreement may consider. If execution of sale deed is pending and terms of the agreement in respect of tax is against you, completion certificate or full payment in advance are not obliterate you from payment of VAT while executing sale deed.
The agreement has a general clause that all future taxes, VAT etc will be borne by the purchaser. Does this mean that inspite of not having a VAT registration certificate when all the payments were made by the purchaser, the builder can still collect VAT from his purchaser only on the basis of the clause in the agreement? Isn't this illegal from a sales tax department perspective?
1. Can we refuse to pay it builder demands VAT only on the basis of the agreement while he has not fullfilled some terms and conditions binding on him?
2. What action can the builder take? What legal recorse do purchasers have?