Builder not giving ITC or 1% GST ben. for underconstruction flat bought in 2018 Builder not giving ITC or 1% GST ben. for underconstruction flat bought in 2018

4 years ago

I have bought the Under construction flat in July 2018 under affordable housing at 8% GST. At that time we were not knowing about ITC(Input tax credit) builder also not told us about that. In April when government stopped the ITC and put the 1% GST for affordable houses we got to know about the ITC. As builder was not giving the ITC benefit previously we asked him to pass the benefits. But now builder is not ready to pass the ITC benefit and nor he is ready to take 1% GST for the remaining amount that is left. Builder is saying as per the agreement he is not liable to pay the ITC benefit to me. Also he is constructing 7th floor extra while in my agreement it is clearly written that builder can not create more than 6 floor. Could you please suggest whether builder is liable to give ITC benefit or 1% GST if i bought the flat before 1-april-2019? and if he is still not ready to give the benefits then in both the cases where should i complain and what is my legal rights?

Munish Goyal

Responded 4 years ago

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A.Dear Client,
Contact me personally. I will surely help you out in this matter and can explain you more. Do pay the consultation charges before consultation.

Regards

Munish Goyal Advocate
Senior Counsel, worked at almost all High Courts in India.
www.Vidhikarya.com
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Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
Get issue a strong legal notice and threaten him to approach civil and criminal Courts and out of fear of his reputation he may settle the issue.

Thanks.
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Saket Mohta

Responded 4 years ago

A.Sir, any amount which you have paid to the builder before the rate change I.e before April 2019 would be taxed at 8% only.

Any amount paid on and after April 2019 will be taxed at the rate of 1%

Furthermore your query relating to Input Tax Credit (ITC), ITC can be only availed by a business entity having registered with GST, consumers don't get the ITC benefit eventhough they pay tax to the supplier.
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Saket Mohta

Responded 4 years ago

A.Sir, any amount which you have paid to tje builder before ghabrate change would be taxed at 8% only.

Any amount paid on and after 01.05.2019 will be taxed at the rate of 1%

Furthermore your query relating to Input Tax Credit (ITC), ITC can be only availed by a business entity having registered with GST, consumers don't get the ITC benefit eventhough they pay tax to the supplier.
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Shreyash Mohta

Responded 4 years ago

A.Sir,
If you have paid any amount on or before April, 2019 in that case you need to pay GST @8% and after such date it is 1%
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Rameshwar Dadhe

Responded 4 years ago

A.If you pain any amount before April 2019 u will need to pay GST 8% after April 1/5/19 1%
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