• Builder asking for GST

I had purchased a flat in ulwe mumbai for around 60 lakhs. Agreement Value 49 lakhs. Did my registration on Sept 2016. The service tax plus VAT the builder asked to pay me was 2.33 lakhs in cash. Which I had paid him. I didn't ask for any receipt. So he adjusted that money into some other of his expenses.

Now after 1 year he is handing me over the possession but hes saying he hasnt paid my service tax and VAT yet is asking me to pay GST(only applicable after july 1st 2017) which is 12%. He's saying I had not paid complete Service Tax n VAT at that time. So Instead of 2.33 lakhs he’s asking me to pay around 4.88 lakhs of GST. 

Since I didn't ask for service tax and VAT receipt I don't have any proofs to show up.

Please help me with the technicalities of understanding this. Is this a legitimate claim by the builder or am I just being fooled around by the builder?
Thanks in advance for any help.
Asked 8 months ago in GST from Canada
It appears that you had purchased a ready to move flat in September 16 and paid all the consideration before July 17. Why the possession has been delayed? If the above conditions are satisfied then there is no need to pay GST at all. Regarding service tax and VAT ask him the copy of invoice. GST is applicable only when after some construction activity has been completed or some amount is due from your side.
Vivek Kumar Arora
CA, Delhi
1713 Answers
51 Consultations

5.0 on 5.0

As no consideration is payable on or after 01.07.2017 therefore no GST is applicable
Vivek Kumar Arora
CA, Delhi
1713 Answers
51 Consultations

5.0 on 5.0

Hi Since the complete payment was not done till GST implementation and the property was under construction, GST becomes applicable on the property. Since you don't have proofs of service tax and GST payments, there's nothing you could do now but pay GST.
Lakshita Bhandari
CA, Mumbai
2235 Answers
80 Consultations

5.0 on 5.0

Only amount payable on or after july 17 is liable for GST and not on complete amount
Vivek Kumar Arora
CA, Delhi
1713 Answers
51 Consultations

5.0 on 5.0

Hi, Based on the above, I doubt you have any option other than to make the GST payment on any amount that you pay to the builder post 01st July 2017. Regards, Nikhil.
Nikhil Khanna
CA, Mumbai
1424 Answers
19 Consultations

4.8 on 5.0

No. GST shall be applicable only on the amount paid after GST implementation. So, GST has to be paid on 4 lacs only.
Lakshita Bhandari
CA, Mumbai
2235 Answers
80 Consultations

5.0 on 5.0

As far as service tax and GST is concerned, it was applicable on the payments made before GST implementation. Work with the builder as to how he would consider the service tax and VAT payments. The builder is not correct in charging 12% on entire amount of 49 lacs.
Lakshita Bhandari
CA, Mumbai
2235 Answers
80 Consultations

5.0 on 5.0

Gst to be paid on amount outstanding after gst implementation. So u need to pay on 4 lacs only
Swati Agrawal
CA, Indore
689 Answers
1 Consultation

5.0 on 5.0

Hi, You are not liable to pay any GST, if you have not paid any installment post 1 July 2017. Please feel free to call/ revert in case you need more clarity. Thanks and regards Abhishek Dugar CA CS B.Com
Abhishek Dugar
CA, Mumbai
3576 Answers
162 Consultations

5.0 on 5.0

GST will be applicable on the amount of 4 lacs which you will be paying now. Please feel free to call/ revert in case you need more clarity. Thanks and regards Abhishek Dugar CA CS B.Com
Abhishek Dugar
CA, Mumbai
3576 Answers
162 Consultations

5.0 on 5.0

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