Builder cannot demand more than 5% for GST in your case. Also, he cannot ask for payment in cash. You should file a complaint against the builder with the GST anti profiteering authority for his malpractices.
GST not compromise by builder
Dear Team i has book flat in june 2018 and at that time as per under construction norms 12% gst demand imposing to me but after budget declare 2019 our finance minister said to this scheme if under construction building did not get completion certificate before 31st march 2019 buyers is liable to pay 1% or 5% but our flat still completion certificate not get and builder demanding 12% gst and this payment wants to in cash not providing any kind of reciept for gst payment. so pls guide what i do ?
Asked 6 years ago in Property Law
Religion: Muslim
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13 Answers
The builder's GST demand after 01 April should be 1 percent only or 5 percent.
You refuse to pay extra money towards GST and also demand receipts for all the payments made.
If he doesn't give receipts for payments received by him you may issue a legal notice to this effect which will serve as an evidence for future needs.
Dear siddhar sir in my case i has already done DATAVEJ in april 2019 with 5 % but now they demanding more 7% because they said i already submitted 12 %GSTin government department sothey said our 5% gst not accept by government every time same sentence stating, and they not give pussion if i not paid 7% gst.
Asked 6 years ago
Have they given this to you in writing?
You can refuse to pay the same.
If they still insist then you may give a complaint to RERA about it and also drag them to consumer forum for unfair trade practices.
Dear client
In this case you can file a complaint under section 31 of RERA act to regulatory authority against the builder for demanding extra tax money and not giving possession in case of non payment of extra money.
You are only liable to pay the applicable gst on the date if payment.
See if he has opted for 5 percent GST and then also charging 12 percent from you illegally then you can deny same pay only through bank and ask receipt of same if he fails you can file complaint against builder with GST commissioner and consumer complaint to recover the amount.
See take in writing from the builder and proof of 12 percent GST paid he just want to recover 7 percent extra in cash if he has paid 12 percent then only give him difference amount by bank transaction.
You need not pay any amount in cash
2) builder is bound to give receipt for payment made by you
3) in respect of bills raised and payment made after 31st March GST at 5 per cent would be leviable and not 12 per cent
File complaint against builder before RERA seek orders to direct builder to deliver possession of flat to you
He is cheating you, complain to RERA for denial of payment receipt, any payment made after march 2019, 5% GST payable.
If he saying he already paid than tell him to provide GST receipt paid on your name/property.
You can make complaints in RERA and Consumer Forum for this case. You can pay as per new GST rules and stick to that.
If the property is under construction than you can pay as per new rates.
- As per the information mentioned in the present query, makes it clear that you only want to go legally, but it seems that the builder doesn’t want to comply as per law.
- You should file a consumer case against the builder for asking higher than the amount so would have asked by him as per law.
- Also you can file a police complaint if he continues to harass you for cheating you by asking more amount as allowed by the government.
- Rest, you are free to call me at any time for further detail discussion on this issue.
