Refund Of Additional Deduction Of GST | Vkeel - Free Legal Advice

Dibya Ranjan

Bangalore

I purchased a house and got the sale agreement done in Feb 2019 when the GST rate was 12% which was included in the overall cost. The builder has switched from 12% GST to 5% GST now and wanted me to get the registration done. However, I requested the builder to refund the difference of 7% GST, but the builder is denying it. Could you please suggest if it is a valid demand from my end since the applicable GST is % now. The builder didn't mention the GST % in the sale agreement. But the sale agreement was signed well before the new GST rate of 5% came into effect from April 2019 onwards. Please suggest.

Expert's Answers(4)

anirudh samantray
NA,

firstly it depends how much GST has been paid by the builder. if the builder has paid 12% then ask the builder to file a refund of the excess GST paid and send a legal notice to him suggesting that he has collected GST in excess. for further queries please contact me

September 1, 2020
Kishan Dutt Kalaskar 40 years Exp (Retired Judge)
Bengaluru Urban, Karnataka

187 Client Ratings

Get issue a legal notice only after getting sale deed registered in your name and getting position oft the property there are several provisions by which you can ask the other party to disclose entire properties of the family. Please give me Rank 5 and Review my Resume and Follow me if my answer satisfies you

August 19, 2020
Advocate Anurag Bhatt
Prayagraj, Uttar Pradesh

6 Client Ratings

Sorry your agreement has been prepared before April 2019 and at that point of time 12% and after April 2019 its come in effect that 5% so how can you claim it

August 18, 2020
Advocate J L Naagar
Jalandhar, Punjab

169 Client Ratings

Yours is a case of Unfair Trade Practice. Get a legal notice served upon the Builders and initiate the legal proceedings for recovery of the additional amount charged from you illegally alongwith insterest, costs and damages. You have got a good case. You will succeed. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

August 17, 2020