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Real Estate Forum on Service Tax & Vat On Constructed Property

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Q: When i purchased the flat in Guwahati in October 2015, the building was ready to move. the builder asked for ST and VAT money and i paid. But builder has not given me any challan yet.

Also on similar note, I asked yesterday for the project completion certificate (as i know that after project completion certificate is issued, we dont need to pay ST) , he said they have applied for Completion certificate. How can they apply for it now one year residents started moving in?

Did they builder play a foul game? What is the possibility? What should i do?
Latest Answer: Hi folks!! VAT and Service Tax are not applicable for “Constructed Property”. It is only applicable for under construction flat. Secondly, VAT may vary from state to state as it is state subject but service tax is uniform across country i.e. 15% as it is fixed by Govt of India from !st June 2016.
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Latest Answer: HI Ashok, In budget 2015-16, it was proposed that a home buyer will pay a service tax of 14% while buying a property that is under construction instead of the current 12.36%. It is not charged on the entire value of the property but only to the extent of cost of construction. This means that cost of land is excluded.
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Latest Answer: In Technical terms CC means Commencement Certificate and not completion certificate. YES, builder HAS to charge Service tax and VAT for flats sold even before or after obtaining CC. once the building is complete, government issues OC which means Occupancy Certificate, and flats sold / registered after that are free of Service tax and VAT.
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Q: The total agreement value will be Rs.10000000/- approx. Builder has got CC but not OC. Now I would like to know what Rate of VAT and Service Tax is applicale and on which amount. I came to that since the builder got CC no VAT or Service Tax is payable. PL enlighten me the actual position of these inditrect taxes.........

For your information area of flat is 780 sq.ft Carpet and 873.6 is Built-up...
Latest Answer: Hello Sir, Service Tax and VAT are paid only for under construction properties. And Land cost is exempted from both these charges. A property is termed "under construction" till the builder receives a "completion certificate" from the relevant authorities. If the entire amount for the property purchase is paid after the receipt of a completion certificate, there would be no service tax levied on the purchase of the property.
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Q: We have bought a house in April 2012 from the builder worth Rs 50 Lakhs. The occupational certificate is issued dated June 2009 i.e prior to date of registration. Now the builder is asking us to pay Rs 1.5 Lakhs or 3 percent towards service Tax and Rs 0.5 Lakh or 1 percent towards VAT.


Q.1.Are we suppose to pay service tax of 3 percent even though we have bought the property post occupational certificate?

Q.2.Are we suppose to pay VAT of 1 percent even though we have bought the property post occupational certificate? What all proof do we need to take from him, if we have to pay him?

Would be a great help if I get some clarifications.


If I can get some relevant government notification link on service tax regarding purchase of constructed property, Concrete proof on regulation etc .

Latest Answer: Had the builder directly sold the property to you or was it a resale??
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