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Has My builder taken right GST from me and I eligible to ask for ITC Has My builder taken right GST from me and I eligible to ask for ITC

3 years ago

I have bought a flat in Goa and feel that the builder has taken more money from me. We decided on Rs 35,00,000 but I ended up paying Rs 40,41,481.
Builder said it is because of GST and Taxes. I just wanted to confirm if he is right. I have given all the below details
I have paid Rs 5,41,481 extra as Tax, Stamp Duty, GST and Registration.
Can you please help me in verification.

Few doubts I have
As per dates is the GST calculated right?
All GST receipts have whitner ... is there a possibility of the builder taking GST from me and not paying to the government? Can I verify this? Will this be a fraud?
The Sales deed says, Rs 35,00,000 also has undivided proportion of land. Should he charge GST on 35 lakhs fully or land value should get deducted?
I also heard about affordable and non affordable schemes in GST, is it applicable to me. Should it be 8% or 12%
I have bought the flat in my mom's name, how will the builder pass the benefit of ITC to her. How we will come to know about this.
Total agreement value as per sales agreement and sale deed - Rs 35,00,000
Total money paid with all taxes and GST - Rs 40,41,481
Sales Agreement - 30-05-2017
Sales Deed - 07-12-2018
Date of possession - 16 May 2018
Total square meter - Built up area of 91.50 sq mts which includes balconies and proportionate share of staircases, lift area and passages.
Address of the flat - Madel, Tivim, Bardez, North Goa, Goa 403502. Falls under Tivim Grampanchayat.

29-03-2017 ---- Towards purchase of flat ----- 2,00,000 (Cheque ICICI bank)
30-05-2017 ---- Towards Purchase of flat ----- 5,00,000 (Cheque Canara bank)
01-08-2017 ---- Towards Purchase of flat ----- 20,00,000 (Cheque Canara bank)
06-10-2017 ---- Towards Purchase of flat ----- 4,00,000 (Cheque Canara bank)
04-05-2018 ---- Towards Purchase of flat ----- 3,90,000 (Cheque Canara bank)
16-05-2018 ---- Towards Purchase of flat ----- 10,000

Total 35,00,000 Rs All receipts from builders are there.
-------------------------------------------------------------------------------------------------------------------
11-01-2018 ---- Towards service tax ----- 26,250 (Cheque ICICI bank)
11-01-2018 ---- Towards VAT -------------- 3631 (Cheque ICICI bank)

11-01-2018 ---- Towards GST ----- 1,20,119 (Cheque ICICI bank)
17-01-2018 ---- Towards GST ----- 1,67,881 (Cheque Canara bank)
16-05-2018 ---- Towards GST ----- 48,000 (Cheque Canara bank)

Total GST - 3,36,000 Rs and 26,250 ST and 3631 VAT All receipts from builders are there.
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Rs 1,01,500 and Rs 3,600 is taken more during sales deed as Stamp Duty. Receipt is not given by builder but is mentioned in the sales deed.
Rs 70,500 is taken as registration fee during sales deed. No receipts from builder but mentioned in sales deed.

Total - Rs 1,75,600 is again taken during Registration as Stamp duty and Registration fee.

Help me in undertanding if the charges are all right and is there a system in verifying GST. (North Goa, Goa)

Vidhikarya

A.Kindly approach CA and take opinion and if found anything illegal or offensive you can take help of a good Lawyer including us too. Thanks
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