Real Estate

Change in pincode

Ours is a residential apartment located in a complex comprising 274 units. The property is two-years-old, and the builder sold it with the sale deed having the pincode 600011 - Perambur. When we tried to get the property tax assessment in our name, the assessor mentioned that the pincode of the property is 600039 - Vyasarpadi. Any letters sent to the address with the 600011 pincode have also been re-routed to 600039 - to the Vyasarpadi post office. On scrutiny, we realised that the parent document of the property states 600039 as the pincode and the builder had changed it subsequently and sold the property as 600011.

Can we take this issue to the Real Estate Regulatory Authority (RERA)? The property handover was done in 2019.

AS Asogan

Chennai

Sometimes, the name of the village mentioned in the document and the area falling under postal zones can differ. The parent documents and patta should be looked at to ascertain the correct location of the land. If there has been any intentional suppression of facts or deliberate misrepresentation, suitable compensation can be claimed from the builder by initiating proceedings in the consumer forum or a competent civil court.

Please clarify if the following statement is true: ‘No GST on sale of flats where the completion certificate is issued under GST Rules. Under TN Registration Rules, even after the completion certificate is issued, the UDS of land is registrable with a construction agreement on the first sale of flats i:e not as a whole of land and building. On a combined reading of the two laws, no GST and stamp duty is applied on the building for the first sale of completed flats.’

Sekar Rajagopal

Chennai

As per the current GST law, construction of a civil structure, complex or building intended for sale is considered as a taxable service. However, GST is only applicable to the construction service if any part of the same is received before issuance of completion certificate. This means that GST is not applicable if the entire consideration is paid after issuance of the certificate of completion by a competent authority or after its first occupancy, whichever is earlier.


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Printable version | Jan 29, 2022 8:08:12 AM | https://www.thehindu.com/real-estate/legal-eagle-real-estate/article36377062.ece

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