Underconstruction property

This query is : Resolved

vaishali tulpule (Querist)
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21 August 2018
I had given 50 % as advance for booking of flat at very early stage under one of the project in 2015 but builder could not start the project , i had signed moe at the time of payment of 50 % of the amount , now since builder could not complete his commitment he has offered me a ready to
move in flat , however asking for GST on 50 % of the amount paid earlier since same is paid for booking of unreconstructed property which he is going to adjust for new ready to move in flat allotted to me in may 2018.

the new flat is allotted in may 2018 after builder got OC for the new project in which he is offering me alternative flat as per MOE terms

my point is am i supposed to pay any GST , I had not paid any service tax on advance given to builder earlier and will be paying balance 50 % now through loan.

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