• How much time does NAA take to resolve a NAA GST anti-profiteering case what are the total costs?

I have been fraudulently charged GST by Rogue Builder MONTAGE Infrastructure limited based on MUMBAI and UK.

I bought Villas in 2015 June and PAID the full asking price including service Tax as it was known then. Project was delayed by several years, and when finally I decided to take the possession Despite the build not completed as promised by this Fraud Builder. He Blackmailed me and mentioned to me that If I don't pay GST again amounting to 12% of the value of the villas he will Sell my Villas as he wants. I want to sue this Builder, via NAA or directly in the Court. Can you please advice me of all the processes and total costs involved please. I am based in UK and hence I will not be able to appear in the court. So I would want to know everything involved. I have all the original receipts paid to builder.
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

Buyer cannot kept wait for delivery of possession. Due to delay in project completion and extension of time without your approval, you are entitle to full refund with interest and compensation or interest due to delay in possession.

Your presence can be dispense by advocate who will represent you before consumer court and RERA.

GST complain will file to Central Board of Indirect Taxes and Customs.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

It is not a fit case for NAA. 

It is a simple case of wrong claim of gst. 

Issue a notice to the builder that you paid all gst at the applicable Rate at the time of payment. And since you are not making any additional  payment you are not liable to pay any further gst. Give him some reasonable time to complete the selling process. Intimate him that in default, necessary legal action shall be initiated.

Give a copy to GST authorities seeking clarification on this issue.

If builder fails to comply with the notice terms file suit in RERA seeking  necessary directions to builder to complete the selling process. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

litigation fees vary depending upon lawyer engaged by you 

 

2) as per newspaper reports there are 350 cases pending before NAA. the disposal rate is around 6-7 cases per month 

 

3) Almost all orders of the NAA where profiteering has been alleged, are being challenged in various High Courts. In most cases the courts have stayed the orders and the litigation is in progress. With most NAA orders being embroiled in litigation, the key purpose of the existence of the NAA, which is to ensure that the GST benefit is passed on to the consumer, is yet to be achieved.

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

there are number of lawyers on this website from delhi having good ratings . you can check their profile on the website as to whether they deal with NAA cases or not 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

1. the purchase price was paid in full with the service tax

2. GST was introduced on and from 1.7.17 with prospective effect - meaning it would not apply to past tranactions

3. so builder could not ask you to again pay the differential service tax due to the GST rate being higher than the service tax rate

4. if you have paid the differential on account of GST, then you can approach the NAA

5. If not, then since the project is not yet completed, then you have 3 remedies -

a. filing a RERA complaint

b. filing a consumer court complaint

c. filing an insolvency petition against the builder u/s 7 of the Insolvency and Bankruptcy code

6. a & b cannot be pursued together. You have to select either of them

7. similarly if you go for c, then all proceedings before RERA/consumer court will be stopped if your insolvency application is admitted. Also invoking the Bankruptcy code against the builder is not a recovery mechanism

8. i would suggest you file a RERA complaint seeking interest for delayed possession and also to complain against the builder for indulging in unfair trade practices by requiring you to pay GST despite the service tax already having been paid

9. for the blackmail, you can file a police complaint additionally against the builder

10. time required for resolution of the case - EVEN GOD CANNOT PREDICT THAT. SUCH A QUESTION MUST NOT BE PUT TO A LAWYER PLEASE. AT THE HIGHEST I CAN ONLY SAY THAT RERA IS A SPEEDIER REMEDY 

11. Costs - depends from lawyer to lawyer

Yusuf Rampurawala
Advocate, Mumbai
7515 Answers
79 Consultations

5.0 on 5.0

See if the complete amount along service tax was paid the builder has fraudulently charged GST amount you can file a complaint before the consumer forum and a complaint before national Anti-profiteering agency though it is a clear case of malpractice as no GST was payable by you and you paid the amount so you need to recover the amount along the interest. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See you have submit complaint to your jurisdiction further you can send a POA of attorney to your counsel to appear and file complaint on your behalf.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes you can complaint to National Anti authority through DGAP and seek detailed probe in the same

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Sir,

NAA only deals, where GST has lead to overall tax incidence on the goods/services but the person selling or providing the service has not passed its reduced tax burden to the consumer. However, if you have receipt of paying both  service tax and GST the complaint can be made to Service Tax, now GST authority for double taxation.. The GST authority will either ask him to deposit the tax collected twice or book him for fraudulent taxation. The complaint can be also made to Maharashtra RERA (Real Estate Regulatory Authority)  about misappropriation of tax money.

Each state has its own RERA. and GST complaint can be filed where your property is located.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

1. GST is paid on the monetary transaction and you have paid the full amount before GST was introduced.

 

2. The Builder has not yet registered the sale deed in your favour though he has received the OC/CC from the appropriate authorities.

 

3. File a complaint case before the State/Mational Consumer Dispute Redressal Commission, s the case may be, against the builder alleging deficiency in service and unbfair business practice praying for an order directing the builder to register the sale deed within next 15 days, pay damage and cost.

 

4. Engage a local Advocate having expertie in this field. The cost varies from Lawyer to Lawyer and it should be with in 1 to 2 lakhs in total in your case.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. You have made the entire payment in the year 2015 when there was no GST introduced.

 

2. It is not a case related to GST but a case related to refusal to register the sale deed even after receiving the entire consideration from you in the year 2015.


1. You have made the entire payment in the year 2015 when there was no GST introduced.

 

2. It is not a case related to GST but a case related to refusal to register the sale deed even after receiving the entire consideration from you in the year 2015.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

you can engage expert lawyer from delhi through this web portal. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear 

You need to file a complaint with NAA against the builder.

You can also file the case before consumer forum against builder for refund of the amount paid to him along with compensation for delaying the project.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can lodge a complaint with the RERA against the builder about this or you can file a case before consumer forum for deficiency in service and also unfair trade practice.

You can give power of attorney deed to anyone in India to take care of your case during your absence.

The builder cannot charge you once again the GST while he has already collected the entire money long back when the GST was not introduced.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

There is no dearth for advocates in Delhi who practice in GST field.

You can find one from this forum too or may look for someone from Delhi also

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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