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Author Topic: Service Tax applicable on Maintenance Charges collected by Society.  (Read 238 times)

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Offline charger

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Hi i am living in noida in an Co-operative Housing society which is still unfinished. Looking at the pace of the completion work by the builder i would say may take  at least 3-4 years more for the entire project to finish and get OC. Now the builder has started pressurizing us for maintenance he has already started taking PDC from people before handing over the keys. From the rest he wanted maintenance @2.50 Per Sq ft  but not has settled @2.00 when nobody was willing to pay for an unfinished building. out of 3 just one lift operational also security issues. Also he is giving no deadline on papers as to when he would complete the pending work. The society construction was started in 2010 and even after 6 years would say 3-4 years to go. Parking not allotted while he has charged us for parking.
My question is can he twist out arm and extort money this way or can something be done to stop this. Also without RWA can he levy service tax on maintenance.  :( :(



Offline rajgopal sripathi

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Re: Service Tax applicable on Maintenance Charges collected by Society.
« Reply #1 on: August 08, 2016, 09:55:41 AM »
Hi
1) It is a classic case of deficiency of service.
2) Issue notices to the builder and in case the deficiencies are not addressed file a complaint in consumer court.
3) Consumer courts off late have been very strict with builders who are delaying the completion of projects and many reputed builders have also been taken to task.
4) The builder is correct in charging maintenance . However what are the costs covered under maintenance is the question. Maintenance should be pertaining to water, electricity and common areas that are currently being used by residents.
5) The Builder cannot collect maintenance for services not available to residents.
6) Service tax is to be  levied even when the RWA is not formed.
Rajgopal Sripathi
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email:rajgopal@legalwin.in

 

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