Haryana VAT latest Circular dated 10.2.2014 – A Hurting Amendment to Builders & Property Buyers

Haryana VAT Circular dated 10.2.2014 on Builders – Takes a U-Turn on Valuation under Composition scheme to hurt the Builder’s and Property Buyers by Including the Land Value in the Total Taxable Value

Dear  All,

Haryana VAT has released a circular yesterday which amends the earlier circular No. 952/St-1 dated 7-5-2013 regarding the valuation of taxable value under composition scheme. The brief details of which are as under:-

As per Para 3.1 of Earlier circular No. 952 / ST-1 of HVAT dated 7-5-2013,

“3.1Where a builder or developer has opted for payment of tax on his turnover relating to transfer of property in goods involved in execution of works contract under the composition scheme as provided under Section 9 of the HVAT Act, the total consideration on which such dealer is liable to tax would not include the amount received from the customers towards their undivided share in land. However, as explainedearlier, in the case of joint development projects this exclusion would not be applicable. Further, deduction is allowable towards amounts paid to sub-contractors as per the provisions of the HVAT Act.”

Now, a fresh circular No. 259/ST-1 dated 10.2.2014 amends the para 3.1 (above-produced) in the following manner:-

“3.1 Where a builder or developer has opted for payment of tax on his turnover relating to transfer of property in goods involved in the execution of works contract under the composition scheme as provided under Section 9 of the HVAT Act, read with rule 49 of HVAT rules, he would be liable to pay a lump sum tax calculated at the rate provided therein (presently at the rate of 4%) on the total valuable consideration receivable for the execution of the contract. This would be applicable to all types of agreements and there cannot be allowed any deduction from the total valuable consideration on any count even for the land. 

It is further made clear that in the light of the provisions contained in section 2(w)(input tax) and 2(zs) (vat dealer) such a composition dealer cannot claim the benefit of any input tax paid on purchase of goods used in the execution of work contract.”

Clearly this amendment has few clear interpretations:-

  1. a)The amends clarifies that the land component unlike previously clarified will now have to be included in the taxable value for composition scheme in all types of agreements.
  2. b)Secondly, the part of deduction allowable toward amount paid to sub-contractor as per provisions of HVAT Act has now been 

Link to latest circular                                                       Link to the earlier Circular

Disclaimer: – Purely personal views. Not for Client/work solicitation.

Regards,

CA.Ankit Gulgulia (Jain)|B.COM(H), C.A, C.IFRS, C.B.V

Direct|+9811653975 |011-27356431|011-23642055|

Email| ankit@gravita.in

Indirect taxation | Transfer Pricing | Corporate Laws | Litigation | Assurance

311, 3rd Floor, D-Mall, Netaji Subhash Place, Pitampura, New Delhi-110034
Website | www.charteredonline.in

Please consider your environmental responsibility. Before printing this e-mail message, ask yourself whether you really need a hard copy.

IMPORTANT: The contents of this email and any attachments are confidential. They are intended for the named recipient(s) only. If you have received this email by mistake, please notify the sender immediately and do not disclose the contents to anyone or make copies thereof.

Related Tags 

CA Ankit Gulgulia (Jain)

CA Ankit Gulgulia (Jain) is Fellow Member of ICAI, Certified IFRS & Business Valuation from ACCA UK and is Practising Chartered Accountant with 8 Years plus of Rich Experience in Audit, GST, Income Tax, DGFT, Valuation, Strategic Advisory, Matters of FEMA, FDI, NCLT, RERA, ROC, SEBI, RBI, M&A, Fundraising, Startups etc as Founder of AGA, Chartered Accountants. AGA Works in wholesome business solutions right from scratch of Company Incorporation to Compliances all under One Roof. He also takes interest in being Virtual Chief Financial Officer (CFO) for Small and Medium Enterprises for Guiding them with All Business, Tax & Strategic Business Decision Making . To Know More, Learn here or contact us at ankitgulgulia@gmail.com

CA Ankit Gulgulia (Jain)
About CA Ankit Gulgulia (Jain) 1116 Articles
CA Ankit Gulgulia (Jain) is Fellow Member of ICAI, Certified IFRS & Business Valuation from ACCA UK and is Practising Chartered Accountant with 8 Years plus of Rich Experience in Audit, GST, Income Tax, DGFT, Valuation, Strategic Advisory, Matters of FEMA, FDI, NCLT, RERA, ROC, SEBI, RBI, M&A, Fundraising, Startups etc as Founder of AGA, Chartered Accountants. AGA Works in wholesome business solutions right from scratch of Company Incorporation to Compliances all under One Roof. He also takes interest in being Virtual Chief Financial Officer (CFO) for Small and Medium Enterprises for Guiding them with All Business, Tax & Strategic Business Decision Making . To Know More, Learn here or contact us at ankitgulgulia@gmail.com

Be the first to comment

Leave a Reply

Your email address will not be published.


*