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VAT / Sales Tax Payable on sale of Flats – Bombay HC

Case Law Details

TaxGuru Citation
2012 taxguru.in 438
Case Name
Maharashtra Chamber of Housing Industry and ors. Vs State of Maharashtra and ors. (Bombay High Court)
Date of Judgement/Order
Only available for paid members
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Bombay HC dismisses petition challenging applicability of VAT on sale of flats

THE Bombay High Court appears to have served a body blow to realtors in Maharashtra. The HC today dismissed their petition that challenged the applicability of Value Added Tax (VAT) on sale of flats. The builders argued that VAT is not payable on immovable property.

The court, however, upheld the 2006 amendments to Maharashtra Ownership Flat Act that brought “construction” on the tax radar.

The builders will now have to cough up outstanding VAT dues since 2006.

The builders will now challenge the order in the Supreme Court.

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