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Gst on under construction property

15 August 2018

I have booked an under-construction property last year before 1st July 2017, also I have signed the agreement before 1st July 2017 and have paid the entire (based on Agreement value) Service tax and VAT to builder before 1st July 2017.

Payments are made to builder as per completion certificates and still the entire amount is not yet paid.

My question is if I have paid the entire Service Tax and VAT on full Agreement Value am I still liable to pay the GST on the amount's which I have paid to builder after 1st July 2017.

If no, then can anybody please provide me with the circular/ notification or GR which I can share with builder to convince him regarding this.

Thanks in anticipation.

Anand

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4 Replies

Ankita Chachan (practitioner) (548 Points)
Replied 16 August 2018

U have not paid the entire agreement value to the contractor.. u just have paid service tax and vat amount. In ur case, the amount u have paid is treated as the amount paid inclusive of taxes.. it cannot be only service Tax amount.. Hence u have to pay gst on the payment u made post gst.

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Anand Nene (6 Points)
Replied 22 August 2018

Hi Ankit,

I have made the full payment of service tax and VAT to builder before 1st July 2017. by full payment I mean Total Service Tax & VAT applicable on agreement value.

How can one person pay two taxes on same amount ? that too when service tax and VAT is replaced by GST.

Regards,

Anand.