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Vat Taxes Commentary

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IB economics - internal assessment

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Title of the article - MCHI-Credai moves court against VAT

Source of the article- http://articles.timesofindia.indiatimes.com/2012-10-28/india-business/34779915_1_flat-buyers-mchi-credai-vat

Date article was published- 28/10/2012

Date article was written on - 08/01/2013

Word count - 662

Section of the syllabus the article relates to - Section 1:Microeconomics

MCHI-Credai moves court against VAT

Rajshri Mehta, TNN Oct 28, 2012, 12.37AM IST

MUMBAI: Two days before the deadline for developers to pay value-added tax (VAT) on October 31, the Bombay high court will take up a couple of petitions challenging the levy. Leading the charge is the Maharashtra Chamber of Housing Industry-Confederation of Real Estate Developers Association of India (MCHI-Credai), the representative body of builders in the state, and the Pune-based Marathi Bandkam. Their petition backs up a PIL moved by Grahak Hitawardhini, a consumer organization in Pune.
MCHI-Credai and Marathi Bandkam have argued that the government has ignored the fact that they constructed and sold flats under the Maharashtra Owners of Flats Act. "The building is constructed at our cost and without buyers having control over any activities of purchasing land to getting development permissions. The sale, thus, does not constitute a works contract and, hence, VAT cannot be levied,'' the petition said.

The developers also argued that they pay VAT for goods purchased during construction. "The moment the goods are used in construction, they lose their status as goods and automatically convert into immovable property. Now, since developers execute agreement on flats, which are immovable property, VAT is not applicable on them and, therefore, it is not

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