• Construction of grills in stilt parking

Hi,
I have booked a flat in Dec 2015 by making an agreement which is not registered in court and made a payment of 20% of the entire sale value to the promoter. The CC of the building was obtained in July 2016 and I registered the property in Aug 2016 by paying the stamp duty and registration amount. I payed the remaining 80% of flat value through a bank loan after registry. The promoter is now asking for payment of service tax for the property although I have done registration of the same after CC. 
Is it legal to do so ?
Thanks
Asked 3 years ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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9 Answers

the head note of your query mentions construction of grills in stilt car parking

2) however your query is completely different

3) you had done booking of under construction flat in 2015 and made part payment

4) you are liable to pay service tax although registration of flat has been done after cc

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

1. Well,even if the registration is done liability to pay ST a does not relinquish.

2.So before making payment ask the developer to furnish the ST Registration certificate.

3.Once it shows and puts a claim in writing then only make such payment..

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

Once stamp duty and registration is being paid to the Government, ownership of the property devolves upon you and no service tax or GST will be given this time after purchasing of the same. Service Tax or GST is only applicable during sale transaction not after that.

Ayan Mitra
Advocate, Kolkata
7 Answers

5.0 on 5.0

1. The title of your query and the actual query are distinct. Be that as it may, the execution of sale deed does not absolve you from the liability to pay the service tax.

2. Obtain the ST registration number of the builder and if it is furnished then pay the ST.

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

Hi,

The service tax was applicable in 2016 and should be paid accordingly..

Vimlesh Prasad Mishra
Advocate, Lucknow
6786 Answers
23 Consultations

4.9 on 5.0

Have u got possession for the flat??? If not move to consumer court

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

What was agreed in terms of your agreement for payment of service tax. If promoter has to pay then he has to bear the same

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

No need to pay such taxes at all as they can’t ask for it

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Any service tax or any other taxes should have been collected by the builder at the time final settlement and registration

He cannot claim any such thing at a later stage especially after a year or so.

You can refuse to pay him, let him go to the court which can be challenged properly

He knows that no case is maintainable but he tries to extort money as much as possible by such means

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

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