• Does receipt need to have GST number for payment made towards under construction property

Hi,
I have purchased under construction property in October 2018 and it's Registeration is done. I did 90% of payment (excluding GST amount) so far and in last week builder had sent demand letter for further payment.
His demand letter asks for money for completion of work but it did not clearly mentioned whether its property amount or GST amount.
I have below questions.
1. For so far made payment, builder given simple receipt which doesn't have GST number or revenue stamp. Is it correct format of acceptance of such receipt?
2. Does he need to send separate demand letter for GST or any format builder need to use while demanding property amount and respective GST?

Thank you for your guidance
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

No receipt should have gst no.  Or he should give you his gst no to collect gst

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. See if the payment is made on same GST is applicable and builder need to give a gst invoice and receipt.

2. Sir builder now cannot charge GST for earlier payment at time of demand he has to mention gst amount separately in Invoice.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can seek clarification from builderin this regard

 

2) request him to clarify whether payment is towards sale consideration or GST

 

3) builder should mention GST amount payable and paid by purchaser  

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Company may pay gst from its own without charging it to purchaser. If it is claimed from you then then builder must issue proper receipt of gst clearly mentioning the rate and amount of gst and gst registration number. 

Check the payment with the original price. You can easily find out any extra amount if any charged. Ask for which account it is claimed.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

builder will be liable to give you its GST invoice, without a GST invoice builder can't take Gst from you.

request for clarification regarding GST. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1.  You will need to ask the Builder for break-up of demanded amount (Principle Amount and GST amount), BEFORE you make any payments, ELSE builder would subsequently demand extra GST amount.

2. ALL Bills & Receipts should have pre-printed GST no., without which it would be a prosecutable offence. Further without GST no. and breakup, you would not be able to claim set-off GST (if eligible)

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear,

         If he collects money on the name of gst, he should has gst no.

         He is liable to give gst no. to you, he can't deny.

         If you have any doubt regarding this ask clearly.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

Receipt will include GST or he may not have bifurcated and later will pay GST from it. Ask him to provide you GST paid receipt. 

GST is payable on under construction property and levy on all payment made after GST come into force. If he later asked for GST, you can refuse but than you will kept under threat to deliver possession only on payment of demand amount.

GST is now 5%

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hello

1. The reciept must have GST no.  And it should be mentioned on reciept that how much money is towards purchase amount and what amount of GST he is charging from you.

2. generally percentage of GST is mentioned on demand letter. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If the payment had been made by a cheque or bank transfer, then the receipt itself is not required, hence the acknowledgment given by the builder in this form also is valid.

 

For demanding the payment of GST amount he may either include the same in his original demand letter or send the same by a separate letter.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that the builder has not made it clear the present demands as to whether for GST or not.
  2. You should reply to him asking about to make it clear with respect to the same.
  3. And yes, receipt should carry the GST Tim number.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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