GST on Property GST on Property

5 years ago

Dear sir, My name sachin kumar i booked flat in 2016. on 50-50 payment plan i give 50% payment with 4.5 service tax. and then builder demand me rest 50% payment on 30-jun-2017(means flat was ready before GST Rules applicable) but at that time i was not take Possession due to the completion certificate not given by the authority to the builder. builder was agree on that. so now he demand on jun-2018 50% payment with 12% GST. and i already give him and take Possession. but i want to know about is this GST calculation is right because he already complete the construction before 01-Jul-2017. please suggest me.

ARPIT BATRA

Responded 5 years ago

A.kindly engage a local expert for the same.
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Vidhi Samaadhaan Vidhi Samaadhaan

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Client,
It will be better to take the help of a Real Estate Lawyer of the locality who is well versed in local laws and also the area,builders, etc he might be in better position to advise.But, GST can not be implemented with retrospective effect.
Shanti Ranjan Behera
Advocate
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Vidhi Samaadhaan Vidhi Samaadhaan

ROBERT D ROZARIO

Responded 5 years ago

A.If all payment for a property under construction was paid before 1st July 2017, then no GST would be payable on such a property even if the construction is completed and the property is handed over after 1″ July, 2017. However, if a builder raised GST invoice or received payment from a buyer after 15 July, 2017, then GST would be applicable at the 12% rate. Further, from 1st July, 2017, the builder is eligible for availing full input tax credit (ITC) on goods and services for paying his output tax @ 12%.

GST is only applicable on payments made to a builder for providing the services of construction. GST is not applicable if the whole of the consideration for a property is paid after issuance of completion certificate by a competent authority or after its first occupancy, whichever is earlier. Hence if you are purchasing a property from a builder directly and if payments are made to the builder towards the property prior to occupation, GST would be payable on the amount paid.
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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client kindly consult with CA
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
Please consult Chartered Accountant
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Vidhi Samaadhaan Vidhi Samaadhaan

Rajender Prasad

Responded 5 years ago

A.you have not mentiooned the full facts of the case. For details, contact some advocate through vidhikarya.com
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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.U should clear first remaining 50% who will paid.
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Anonymous

Replied 5 years ago

i already paid all the dues with GST. my question is that is this GSTis applicable or not?

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Rameshwar Dadhe

Replied 5 years ago

When gst enforce . After that if u paid any amount. On that amount gst will be chargeable

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