Over four lakh flat owners in the state, who had bought properties
between June 20, 2006 and March 31, 2010, may now have to pay Value
Added Tax (VAT) to the state government. According to rough estimates,
in Pune, there could be over 1.6 lakh flat owners who bought properties
between June 2006 and March 2010.
The tax will be collected from the developers and builders, who would
seek the money from the flat owners. For a flat that cost around Rs 10
lakh, VAT payable now could be between Rs 25,000 to Rs 30,000, a
developer said. Developers said the state government has initiated
steps to recover VAT from them. A trade circular issued by the
Maharashtra sales tax commissioner on August 6 supports their claim.
The circular gives a background of the issue and states that,
“Developers are liable to pay tax under Maharashtra Value Added Tax Act,
2002 with effect from June 20, 2006.” Developers’ associations in the
state including Confederation of Real Estate Developers Association of
India (CREDAI) will file a plea in the Supreme Court seeking a temporary
stay on the collection of VAT till the apex court decides.
A senior sales tax department official said that the tax will be
collected from the developers and not the flat owners. “Developers have
to get the registration from the sales tax department for collection of
VAT before August 16,” he added. “If the clause about payment of VAT has
been mentioned in the agreement between the flat owners and the
builder/ developer, then the flat owners will have to pay,” the official
said.
The state government had introduced VAT in 2002, but it came into
force in June 2006. The Maharashtra Chamber of Housing Industry had
challenged its applicability in 2007 in the Bombay high court. In its
order on May 2012, the high court upheld the validity of the amendment
in the Value Added Tax Act 2002, and the notification of a composite
scheme for builders and developers.
The Promoters’ and Builders’ Association (CREDAI, now) had filed a
special leave petition in the Supreme Court against the high court
order. While the petition has been admitted, no stay has been granted
about collection of VAT from June 20, 2006. Since April 1, 2010, flat
owners are paying VAT at the rate of one per cent of the cost of the
flat to developers. Developers said that the computation of VAT on flats
purchased between June 20, 2006 and March 31, 2010 would be based on
variables such as cost of the land, construction and the like.
Source: The Times of India, Pune