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VAT on builders under HC scanner
Tribune News Service
Chandigarh, March 27
The Haryana Government’s move to impose VAT on developers engaged in sale of flats, apartments and dwelling units has come under the Punjab and Haryana High Court’s scanner.
Karnal-based CHD Developers Limited has filed a petition challenging the provisions of the Haryana VAT Act, 2003, the rules framed under the Act and the notices issued to the developers “in so far as they seek to charge VAT”.
Taking up the matter, the Division Bench of Justice AK Mittal and Justice Anita Chaudhary has issued notice of motion to the state. The case will now come up for further hearing on April 23. The Bench has also stayed the finalisation of the assessment by the assessing authority till the next date of hearing.
The developer through counsels Sandeep Goyal and Puneet Aggarwal argued that the value of land was to be included while computing the tax on building contracts, though it was barred by the Constitution.
They argued as per the Act the value of labour and services were to be excluded from the total value of contract, meaning that the value of the land has been included contrary to the Supreme Court judgement in the case of Larsen and Toubro delivered recently.
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