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Mihir

Mihir Tanna  |984 Answers  |Ask -

Tax Expert - Answered on Dec 16, 2023

Mihir Ashok Tanna, who works with a well-known chartered accountancy firm in Mumbai, has more than 15 years of experience in direct taxation.
He handles various kinds of matters related to direct tax such as PAN/ TAN application; compliance including ITR, TDS return filing; issuance/ filing of statutory forms like Form 15CB, Form 61A, etc; application u/s 10(46); application for condonation of delay; application for lower/ nil TDS certificate; transfer pricing and study report; advisory/ opinion on direct tax matters; handling various income-tax notices; compounding application on show cause for TDS default; verification of books for TDS/ TCS/ equalisation levy compliance; application for pending income-tax demand and refund; charitable trust taxation and compliance; income-tax scrutiny and CIT(A) for all types of taxpayers including individuals, firms, LLPs, corporates, trusts, non-resident individuals and companies.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more
Asked by Anonymous - Dec 14, 2023Hindi
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Good afternoon Sir , I have purchased flat and i am paying installments as per demands from builder. I am paying Regular payment and GST to the builder. can i claim GST portion while filling IT return this year ? if yes , Under which section i can claim . Thanks in advance

Ans: It can not be claimed as deduction but it can be added in cost of acquisition which can indirectly eligible for deduction at the time of transfer of property in future.
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Ramalingam

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Dear Sir, I purchased a shop in October 2022 . I paid the required amount as declared in registeration papers ( stamp duty, registeration , sale deed etc. ) However, the builder addiotnally asked for Rs. 57,000/- towards GST to be paid in cash. At the time of registeration I paid only Rs. 50,000/- in cash. Thats why the builder didint issue any GST invoice. When I paid the balance Rs. 7,000/-, the builder issued a hand written letter certifying that Rs. 7,000/- only have been received towards GST ( and not Rs. 57,000/- which I actually paid). He didi not even mentioned his GST number in that letter. There is no GST invoice from any government deptt. My questions is, whether the builder can issue a hand written GST invoice without mentioning his GHST number ??. As far as I know, all GST amounts are are paid to the Givernment and not any any individual.
Ans: It's concerning that the builder issued a handwritten letter for GST payment without providing an official GST invoice or mentioning their GST number. According to GST regulations, all transactions involving GST must be accompanied by a valid GST invoice issued by the registered supplier, containing their GST number.

In this case, the absence of a proper GST invoice raises questions about the legitimacy of the transaction and whether the GST amount was appropriately accounted for and remitted to the government. Handwritten letters without proper documentation may not suffice as valid proof of GST payment.

To address this issue, I recommend seeking clarification from the builder regarding the absence of a formal GST invoice and their GST registration details. If the builder is registered under GST, they should be able to provide a proper GST invoice with their GST number for the amount paid. If they fail to do so or provide insufficient documentation, it may be prudent to consult with a legal advisor or tax expert to explore further steps to ensure compliance with GST regulations and protect your interests.

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