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What happens when part of the money is paid before the introduction of the GST law (i.e. 1st July 2017)?

Q: Hi All, I buyed a property in lohegaon prior GST law (i.e. 1st July 2017). In that i had paid Stamp duty , Reg ,VAT & Service Tax.

& now also paid the GST . What rebate should i get back from Builder. Please throw some light in this regard

Reply

Replies (2)
1
According to the GSTs rules, the builder will be in a position to claim input credit on the materials and services used and should pass on the benefit of input credits to the flat buyers. You can claim input tax credit.
Sneha Ambedkar


Any amount of payment done after 1st July 2017 will require 12% GST to be paid. (Earlier this was 4.5% as service tax).
1st October 2019


2
In case part of the money is paid to the builder before the introduction of GST, you would have paid service tax at 4.50 percent and VAT as applicable in your state, on such payments. However, the rate of 4.50 percent service tax was under the composition scheme, under which the builders or developers were not entitled to take any input credit on the materials and services used in the construction. So, the entire service tax and VAT was loaded or recovered from the customers. Hence, for under-construction flats booked prior to July 1, 2017, where the payments were made prior to the GST coming into force, the builder would have already recovered the service tax and VAT, applicable on such payments made.
Bhaskar Chandavarkar


Even if the payment was not made prior to July 1, 2017, but the builder had already raised the invoice or demand, for either the full consideration or part of the balance amount, you would have paid the component of service tax and VAT on it, because as per the point of taxation rules 2011 applicable in case of service tax, the service tax is to be levied at the earlier of the two – the moment of payment or raising of invoice.
1st October 2019


3

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