As per section 31(3)(e)  of the CGST act the builder shall issue a refund voucher at the time of cancellation of booking and may claim refund of the GST paid on advance received as per section 54(8) of the CGST Act. Thus you may claim the entire proceeds from the builder on account of the above, irrespective of the sale agrreemnent being made.

Regards 

The Maharashtra state government has amended section 48 (pertaining to property sales) of the Bombay Stamp Act, 1958, to allow flat buyers to get stamp duty refunded up to two years after the cancellation of the agreement with the builder

2) 

The application of refund of stamp duty can be made within 2 years from the date of execution or the said agreements for sale is cancelled by separate deed of cancellation, by recording the facts for cancellation on the ground of dispute such as (inadequate finance, financial dispute in terms of agreed consideration, suppression of any material fact or dispute regarding the property, etc) executed by both the parties and register the same can apply for relief under section 48 of Bombay Stamp Act, 1958.

3) you would not get refund of GST paid by you 

You can seek for entire refund as per rera Act.

The builder cannot deduct such a hefty amount. Just mentioning an arbitrary amount which is very high does not mean that you have to refund the same. All the other taxes including stamp duty etc will be refunded to the builder and to you too.

The builder cannot exact such an amount. In case the negotiations fail challenge the agreement in the rera tribunal.

Regards 

Neither Stamp Duty nor GST or Service Tax refundable.

Dear Client,

If you will cancel the booking at your own volition without builder fault, 10% deduction, rest will return. RERA rule.

And how come this much stamp duty paid on agreement to sell ?

Maximum stamp duty payable on agreement to sell without possession is 50,000rs.

GST/service tax if already paid by builder than no refund but builder have to provide copy of receipt of tax paid.Nothing else can be claimed by builder.

Am not getting what document executed which cost you this must stamp duty ? Was it agreement to sell with possession or sale deed ?

builder can only deduct 10 per cent of booking amount under RERA and not 10 per cent of total consideration amount 

1. make an application for stamp duty refund to the Collector of stamp u/s 47 of the Maharashtra Stamps Act, 1958

2. such an application can be made if following criteria is met - 

- full stamp duty is paid on the instrument

- the instrument is duly registered

- possession is not yet given

- the transaction has been cancelled by executing and registering a cancellation deed within 5 years of signing the agreement to sell

3. if above criteria are met then the application can be made within 6 months of the registration of the cancellation deed, for refund of stamp duty 

Follow up - 

as per the agreement the builder will deduct 10% of total consideration towards damages or penalty for cancellation of allotment by flat buyer

the builder must have paid the GST, so he cannot deduct the GST amount. You will have to claim refund of GST

Also the stamp duty would have been paid in your name by the builder. So you will have to follow the above procedure for refund of stamp duty. The builder cannot deduct the stamp duty amount 

Dear sir, 

While dealing with such matters, the complete consideration of builder-buyer agreement is to be taken into account. You may find the relevant clauses of deduction in the cancellation part of the said agreement and you may come to know exactly what can be done. In general if the cancellation is done due to default of builder, he is supposed to return the complete amount and if the default is on the part of the buyer, the necessary deductions as per the clauses agreed upon in the agreement can be made. 

1) Once the stamp duty amount is paid that is not refundable by government.

2) 10% of your advance amount paid to builder as per the Agreement to Sale, mentioned as termination clause. So kindly read the termination clause.

Refund of STAMP DUTY has to claim within 6 months (limitation period) for calming the Stamp Duty. Stamp Duty is refunded after deducting 10% of the total amount of Duty Paid, but refund of payment made through e-payment, the deduction is Rs. 1000 per challan. For those who feel conned by builders, Maharashtra government has decided to provide some relief by amending a law to allow flat buyers to get stamp duty refunded on cancellation of agreement with the builder.

for refund of GST you will have to approach the GST Department only.

In the situations of surrender and cancellation, the concerned service provider can make adjustment of excess payment of Service Tax in terms of Rule 6(3) of Service Tax Rules, 1994 which is given below for ready reference:  [(3) Where an assessee has issued an invoice, or received any payment, against a service to be provided which is not so provided by him either wholly or partially for any reason, [or where the amount of invoice is renegotiated due to deficient provision of service, or any terms contained in a contract] the assessee may take the credit of such excess service tax paid by him, if the assessee,       (a) has refunded the payment or part thereof, so received along with the service tax payable           thereon for the service to be provided by him to the person from whom it was received;       (b)  has issued a credit note for the value of the service tax not so provided to the person to   whom such an invoice had been issued.”]

The builder can deduct the said amount only from the booking amount and not from the sale consideration amount.

The return of GST and service taxes already paid including the stamp duty can claimed as per the procedures explained in my previous post.

1. As per the information mentioned in the present query, makes it clear that you still have not been understood the difference between agreement to sale and sale deed.
2. The agremeent about which you have been talking about is the agreement to sale which doesn’t require any stamp duty to be paid to the government.
3. It is at the time of sale deed execution when stamp duty is been paid to the revenue department.
4. So, the amount which you have paid you the builder, will only be adjusted with 10 percent damages, but no stamp duty which I am sure builder has not paid yet and trying to take advantage on you.