Kamaal, Mumbai
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The builder is asking for VAT
Q: Builder has not yet completed club facilities, for which payment was made @ possession in jan 2010. He demands amount from all of us for VAT... under the liability clause inserted by him in agreement. his aprt of agreement has not been complied with...req advice

My replies to this discussion
I've heard that recently there was a judgement passed in favour of government to take 5 % VAT on properties sold in Mumbai from 2006 July 01 to 31st dec 2012. I'm my society also builder has sent notices to us for paying the VAT approx 2 lacs. But I dont understand why & who will pay .. the Builder should pay if government wants something they forgot to take . Why should a common man pay 5 % VAT for the property he bought ? Also what if the property is sold to 3rd party or the party to who property was sold is not existing or is out of India or things like that ? How can the builder demand money from the buyer now for something bought around 6-8 yrs back .. sounds like another scan which needs legal advice in this forumI've heard that recently there was a judgement passed in favour of government to take 5 % VAT on properties sold in Mumbai from 2006 July 01 to 31st dec 2012. I'm my society also builder has sent notices to us for paying the VAT approx 2 lacs. But I dont understand why & who will pay .. the Builder should pay if government wants something they forgot to take . Why should a common man pay 5 % VAT for the property he bought ? Also what if the property is sold to 3rd party or the party to who property was sold is not existing or is out of India or things like that ? How can the builder demand money from the buyer now for something bought around 6-8 yrs back .. sounds like another scan which needs legal advice in this forum
VAT and Service Tax demand from Builder
Q: Shocked to receive a demand of Rs.5 Lakhs (Approx) towards VAT and Service Tax. This includes interest of Rs.1.5 Lakhs (Approx) for delayed payment of VAT. Questions; 1) How the builders have calculated the demand of VAT & Service Tax? 2) Have the Input Credits available to the builder for the materials bought by them with VAT and used in the construction of the building been set off against the demand of VAT? 3) Delay in giving the possession of the flats by the builder should not penalize the owners on account of interest and penalties? 4) Delay in giving the possession of the flats by the builders is already causing lot of interest burden on the owners who have taken the loans. Builders should be responsible for compensation of the interest loss and consequential losses arising out of delayed possession. -- T. L. Jain, Flat No.1403, "B" Wing.

My replies to this discussion
what is the legal opinion here ? this sounds very unreasonable & what if we dont pay it ?what is the legal opinion here ? this sounds very unreasonable & what if we dont pay it ?
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