Legal Question in Construction Law in India
I purchased a flat for Rs.56 lacs and got it registered in 2008,now the builder is insisting me to pay an extra 4% towards service tax by saying that he had already paid to the government.I came to know from some sources that service tax is exempted in case of builders.Then kindly let me know what's this tax at all and how can I get redressal?
4 Answers from Attorneys
you must ask your builder about the details and documents that how he paid 4% duty on your flat in advance and without taking it from you. in case he shows the documents and satisfies you that he paid the tax, you need to pay in that situation and in case he is unable to furnish the relevant documents, you may approach the court for redressal.
The Service Tax is the liability of the service provider and not the service receiver; therefore, even if the builder has paid service tax, he cannot demand it from you at this stage after you had purchased the flat for contracted price.
We think that we can help you to solve your affairs forthwith, please send us your documents or write an detailed e-mail in order to notify the circumstance.
The agreement of construction must be studied in detail to answer your question.
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