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Author Topic: Late Tax Payment to Builder during Construction  (Read 734 times)

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Offline akshay.sarkar.dbit

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Late Tax Payment to Builder during Construction
« on: December 30, 2013, 02:35:20 AM »
Hi Sir/Madam,

My Mother(Senior Citizen) have purchased a flat in Bangalore,Karnataka in May,2012 from a builder.

Due to late payment of tax the builder is telling us that our flat has been seized/cancelled i.e we are not owner of house any more(as per builder).

Even though we have paid full amount for the flat which is still under construction. The builder is informing us that as per the Karnataka Value Added Tax Act and Service Tax Provision , they have cancelled the flat for not paying tax on time.

We have paid the tax in there office merely 8 days late. 28th November was last date as per builder and we have paid tax on 6th December..

We have following Legal papers with us :
- Memorandum Of Understanding
- Agreement of Sale
- Construction Agreement.

Here my concern is :
- Is it possible to cancel/seize the house from a person who have not paid the tax on time,merely 8 days late. Can builder seize his property, is there any such law ??
- How much i understand ,the tax is a property of government which is paid with fine in case of late payment, for example in house tax. But the builder is telling us that since flat is still under construction, they are liable to cancel it.

Any help is appreciated.

Akshay Sarkar

Offline advcaroltripathi

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Re: Late Tax Payment to Builder during Construction
« Reply #1 on: January 02, 2014, 09:53:50 PM »
there is foul play here, it is impossible for tax department to seized/cancelled your property, It does not fall under their jurisdiction.

Besides whatever tax dept does it always give a notice of compliance in advance, have you received it, if the answer is NO

visit the tax dept, and get the details from them regarding your property.

than let us know.

as par my experience your Builder is not a good man
Adv Carol Tripathi
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