MY VIEW ABOUT PAYING THIS VAT FOR PERIOD 20/06/2006 TO 31/03/2010

My personal view about paying this VAT is as follow.

Firstly this is very clearly that VAT has to pay on the FLAT/SHOP/GARAGE/STILL PARKING  PURCHASE from BUILDER/DEVELOPER from the period 20/06/2006 to 31/03/2010. The only question is who to pay i.e. Builder or Buyer/Owner of FLAT/SHOP/GARAGE/STILL PARKING. As per my experience No BUILDER/DEVELOPER can pay this they will pass this VAT to owner by sending demand notice to them.Remember that Govt. ask VAT from BUILDER/ DEVELOPER they suppose to pay this not you. If any action taken by Govt. then it will be First on BUILDER/DEVELOPER not on buyer 

As per SC order last date for payment of this VAT is 31 Oct 2012.

Now process step to follow before paying VAT to BUILDER/DEVELOPER

1. a]  Read /check your Agreement carefully that you have pay the VAT at the time of Registration of Agreement (go through various break up detail for various charges given by builder ) if you have paid then do not pay it again OR if you have paid it separately then inform the builder that you have paid it.

b]  Read /check your Agreement carefully that is their any clause written in agreement that you have to pay the VAT if Govt. ask the BUILDER to pay at any time. If not written and your building get Occupancy Certificate then inform the builder that as per agreement you do not have to pay the VAT.

2. If you have not paid this amount and if you received the notice then,

 a] In the Agreement BUILDER/ DEVELOPER take various charges Like Society Formation Charges, Electricity Meter/Transformer Charges , Conveyance Charges , Deposit Money. After 60% of total  flat are sold by builder, it suppose to register the Society and after Society register within 4 months builder suppose to executed Conveyance Deed in favour of Society as per MOFA AGREEMENT .
   Many builder does not do this .Ask builder first execute Conveyance Deed in favour of Society [if it is not executed ] then you will pay this amount.They do not give the actual expense detail of the Society Formation Charges, Electricity Meter/Transformer Charges , Conveyance Charges , Deposit Money. Ask the builder to provide Certified Audit Report from CA regarding this expense.
 After receiving this Report if builder take more charges from you then adjust the extra amount taken by him to VAT amount and pay him remaining amount to builder.

b] Ask BUILDER/DEVELOPER to provide on their CA Latter how much you have to Pay VAT amount in all 3 Scheme / Method [which is in point no 16 in FAQ on pg no 9 of circular post on this blog] for each flat separately  in writing along with their sign of CA on the latter and pay  the minimum amount out of this 3 Scheme / Method as VAT amount and inform the BUILDER that any difference rise by Sale Tax Dept. Maharashtra in writing regarding this payment will be pay buy you. Since Sale Tax Dept. give you 3 type of choice to pay this VAT so pay the minimum amount.

Make Affidavit  on RS. 100/- Stamp Paper between you and builder that you have pay the VAT amount  write Chq. No. ,Date and also write than any difference OR excess  will come will be paid OR refund by both party each other .Attach CA Latter for payment of VAT detail.  Affix photo of both sign them and make it BEFORE ME NOTARY.

c] Ask the Nearest  Help Desk Officer of Sale Tax Dept. whose Name, Phone No. , Email id given on pg no 4 of circular post on this blog  that how much you have to pay the VAT OR VAT amount given by BUILDER  CA is correct or not. You may also send other related query about this VAT to them

3. Ask your Society to contact the Housing Society Federation [dist./taluka Level where you society is member]  if any remedy action OR Federation file any PIL in Court about this VAT Payment.

 

I post the Affidavit Specimen shortly . Hope this will help you.If you have better solution please share it.