Enhanced EDC Stayed by Hon'ble High Court

[rohit.mattoo]

Dear Deeraj,
With ref to the article posted by you of tribune newspaper , the petitioner of the case through which stay is obtained on EDC is different . Is the case filled by GFWA clubbed with this case. If not then what is the status of our case. Your comments would be highly appereciated.
Regards
Rohit
OMAXE heights

[dheerajjain]

Dear Deeraj,
With ref to the article posted by you of tribune newspaper , the petitioner of the case through which stay is obtained on EDC is different . Is the case filled by GFWA clubbed with this case. If not then what is the status of our case. Your comments would be highly appereciated.
Regards
Rohit
OMAXE heights

Since in both cases, writ is for quashing of enhanced EDC notification issued by State of Haryana, so in either case, we get the Court order, it will be applicable for Faridabad. Kurukshetra case next date is 10th April and GFWA case next date is 21st May. GFWA and Kurukshetra buyers association are co-ordinating with each other

[Rajesh5]

Thanks a lot GFWA is doing great job......

[s1joshi]

Umesh Prabhakar & Aashish Kaul Working Committee members from GFWA would be attending court hearing in Chandigarh tomorrow (10 April 2013) for EDC Case, Members based in Chandigarh are requested to lend their support. In case you wish to participate, Please sms your name, age, address & Father's name to Umesh Prabhakar at mobile 09953999795 to facilitate gate pass. Interested members can reach court and meet team near gate.

[ATT509582]

any update of today hearing ?

[ajaynarula]

PUNJAB & HARYANA HIGH COURT
CASE STATUS INFORMATION SYSTEM

Case Status : PENDING

Status of CIVIL WRIT PETITION 5835 of 2013

BALWAN SINGH AND ORS Vs. STATE OF HARYANA AND ORS

Pet's Adv. : PARVEEN K. KATARIA

Next Date of Hearing : 2-5-2013

Next Date of Hearing : Thursday, May 02, 2013

Last Listed On : Wednesday, April 10, 2013

List Type : Ordinary


FIR No. : NO FIR DETAILS AVAILABLE / NOT A CRIMINAL CASE




Category : HUID HARYANA((HOUSING URBAN INDL. DEVELOPMENT)


Bench for Next Hearing Dt : MR. JUSTICE SATISH KUMAR MITTAL ,MR. JUSTICE AMOL RATTAN SINGH,--- Bench Sl. No : 219


Bench for Last Hearing Dt : MR. JUSTICE SATISH KUMAR MITTAL ,MR. JUSTICE AMOL RATTAN SINGH,--- Bench Sl. No : 109


CONNECTED APPLICATION (S)
No Connected Application.


CONNECTED MATTER (S)


No Connected Cases.

Case Updated on: Wednesday, April 10, 2013

[RAJAT.R.BHATIA]

No real info in your post.

[geetika27]

Dear All

Pls clarify on yesterday's proceedings. Is the stay on EEDC still in force.

Also, I want to share that we have recd a demand letter for SERVICE TAX from our builder KST Infrastructure P ltd( Project: Whispering heights). The letter states that as per intimation from Statutury Guidelines Center Service Tax deptt, service tax had been imposed on the flats on under construction units effective from 1st July, 2010. As per that any payments made by us after that attract service tax. Now, they have calculated the Servie tax and added the interest calculated on the basis of delay since 2010. and asked us to pay amounting to 23000/- approx.

Our comcerns are
* Our possession was due in 2009, hence are we liable to pay this interest which was effective from 2010 that is a year after our possession date.

* Till now, we were never informed either verbally or in written regarding any service tax.

Hon'ble members, pls guide on this. And are other builders too asking for such service tax. Pls clarify

Regards
Geetika Arora

[vineet]

Hi Geetika,

My understanding on the service tax issue discussed below is as below:

1. Service tax is applicable from 1st July'2010 on all the builder projects. The installments paid before this date would not attract any service tax.

2. For Basic flat cost, tax will be charged on 25% of the total basic cost. For additional charges like club charges, PLC etc attract service tax on total value of these services.

3. As per circular from finance ministry in 2010, parking charges and EDC (to the extent it is paid to govt agencies) will not levy any service tax.

However, some developers in greater Faridabad are including parking charges and EEDC payments too while charging service tax from the customers, citing finance bill 2012 as the reason for doing so. Unfortunately the Finance bill 2012 does not talk about this topic in specifics but just mentions "services by Government or a local authority" in the negative list which should not attract any service tax.

I WOULD REQUEST THE LEARNED MEMBERS ON THIS FORUM TO GUIDE US ON THIS. BESIDES PARKING, EEDC, I FEEL THE SERVICE TAX SHOULD NOT BE APPLICABLE ON INTEREST FREE MAINTENANCE SECURITY(IFMS) TOO.

On your possession date being before 2010, its a matter to be taken up with the developer. As consumer, I also feel that customers should not be penalized for inefficiencies on the part of developers. However, if they do not agree, the only way is to fight through courts and depends upon individual's call. The same applies to the interest on service tax too.

Regards,

[dheerajjain]

Hi All

Enhanced EDC is further stayed till 2nd May, next date of hearing in Kurukshetra buyers case as State failed to file its reply. State has also been asked to file reply on fresh application moved by GFWA yesterday. Next date of hearing in GFWA case is 21st May

[umesh.prabhakar1965@rediffmail.com]

Dear GFWA members,

Vikrmi Samvat 2070 ki aap sabhi and aapke pariwaar ko Subh Kaamnaayen.

The order of stay continues till 02.05.2013 as the next date of hearing is scheduled to be held on that day.

Let me tell all of you that STAY ORDER has been pronounced by hon'ble high court in the Writ petition filed by the Home buyers in KURUKSHETRA.

This is for sure that order of STAY is applicable for entire Haryana.

My little suggestion for all the home buyers who have already paid the EEDC is to keep restraint/patience as the order of STAY is INTERIM in nature.

But for the home buyers who are yet to pay the EEDC can write back to their respective colonizers.

All of us have to work very hard in order to quash the circular of EEDC issued by DG(TCP) through hon'ble court.

Let all of us congratulate Mr Manoj , Mr Mahesh Gupta and Mr Subhash for their tireless work for the home buyers in Haryana.

This is for your information.

Regards

Umesh Prabhakar

[RSHYAMGARG]

Well done GFWA. We will win not now but definitely.

[prsharma2000]

Thanks for the gerat work by GFWA .Pls let us know the detailsof 10th april hearing

regards
pramod sharma

[guptadeepak5000]

Dear friends & GFWA memebers ,
I have recently purchased a 180 Yards floor, super area 1043 sqfeet in resale in A block BPTP .Before the purchase on 4 FEB 2013, the EDC/IDC (Rs- 1,21,956/-) and EnhancedEDC ( Rs-71,614/-)were fully paid.The interest was also fully paid (Rs-76,141/-).

And after transfer of the floor i checked the statement on Dated 13 april 2013 and found two new additions to the statement- first is Cost Escalation - amount Rs.-53,725/- and secondly - Electrification and STP charges- Rs.-60,756/-.

I have inquired bout it in the BPTP office sector-81 in person. Their reply is that the cost escalation is calculated and charged by the government & CPWD. And the STP & Electrification charges has nothing to do with EDC or EEDC, they are totally different terms.

The possession is yet to be offered. And the additional cost escalation and STP/Electrification may be charged with offer for possession.

Dear friends and GFWA members kindly suggest. This is a huge amount. How to verify these additions.


Thanks

Deepak Gupta

[amankishore]

Dear All,

Any further update on the issue. I have a letter from my builder dated March 24 that the authority is asking for the enhanced EDC payment.

Any update on this matter?

Regards

Aman Kishore