1. Buyer has to pay the TDS for purchase.

2. You have to pay the TDS and deposit it without government with PAN of the builder.

You have to deduct TDS and make payment 

2)

Tax-at-source has to be deducted when you make payments to the seller for property worth over Rs 50 lakh

3)Non-deduction of tax at source when making payments to builders might attract penalties

4) you are required to fill up the requisite challan in Form 26QB and deposit the appropriate tax within seven days from the end of the month in which the amount was deducted.

5)you have  to mention relevant particulars such as name, address and PAN of the buyer and seller; particulars of transaction such as date of agreement, value of property, date and amount of tax deducted. It  can also be paid electronically by logging onto this website https://onlineservices.tin.egovnsdl.com/etaxnew/tdsnontds.jsp, selecting Form 26QB and following the instructions.

Dear Sir,

The following information may kindly be read:

TDS has to be paid by the buyer

but that does not mean that you pay this TDS from your pocket

you just have to deduct TDS @1% from the consideration you would pay to the builder and balance is payable to builder

the deducted TDS then has to be deposited by you with government treasury within stipulated time

there is no TDS deduction on charges like registration fee, stamp duty, GST, and other taxes

you need to consult a CA for paying the outstanding TDS 

Hello, 

As per the law and your situation, you being the purchaser was supposed to deduct the TDS at source. 

Regards  

Yes buyer has go deduct the same. 

From June 1st 2013, when a buyer buys immovable property (i.e. a building or part of a building or any land other than agricultural land) costing more than Rs 50lakhs, he has to deduct TDS when he pays the seller. This has been laid out in Section 194-IA of the Income Tax Act.

• The buyer has to deduct TDS at 1% of the total sale consideration. Note that the buyeris required to deduct TDS, not the seller.
• No TDS is deducted if sale consideration is less than Rs 50lakhs. If installments are being paid TDS has to be deducted on each installment.
• Tax is to be paid on the entire sale amount. For example, if you have bought a house at Rs 55lakh, you have to pay tax on Rs 55lakh and not on Rs 5lakh (i.e. Rs 55lakh – Rs 50lakh). This is applicable even when there is more than 1 buyer or seller.
• If you are the buyer, you do not need to obtain a TAN (Tax Deduction Account Number) number.
• If you are the seller, you have to provide your PAN or else TDS is deducted at 20%. PAN of the buyer is also mandatory. TDS is deducted at the time of payment or at the time of giving credit to the seller, whichever is earlier.
• This TDS has to be deposited along with Form 26QB within 30 days from the end of the month in which TDS was deducted.
• After depositing TDS to the government, the buyer is required to furnish the TDS certificate to the seller. This is available around 10-15 days after depositing the TDS.
• The buyer is required to obtain Form 16B and issues this TDS certificate – Form-16B to seller.

TDS has to be deducted by the person who is paying the sale consideration for the sale of the immovable property and he has to pay the the same to the government on the seller's behalf.

For under construction building, GST payable. Liability for payment of tax rests with the supplier. GST must be included in payment.

1% TDS deductible by buyer if property is above 50 Lacs. If the Buyer fail to deduct or deposit TDS then buyer will be declared as Assessee in Default and all the tax dues including interest and penalty will be recovered from buyer by the income tax department.

Dear sir

As per the govt rule the seller is liable to pay  TDS. As he is making the sale. 

And as per the section you are mentioning if you had deducted that 1% amount then you should pay the tax to govt.

1. You shall have to deduct TDS from the payment to be made to the builder and shall have tom  deposit the same to the I.Tax authorities. The Builder will not tell you this since if you do not deduct, then you shall be punished and he will try to evade the tax.

2. The Builder is receiving the amount paid by you. TDS means Tax Deducted at the Source. In the instant case you are the source from where the payment is being made. So, you shall have to deduct the TDS and deposit with the I.Tax Department.

Any person who purchases immoveable property worth more than Rupees fifty lakhs has to deduct Tax at 1% on the amount payable( price of the property) to the seller and remit it to the Tax Department

There's no TDS for under construction properties or flats.

If you are buying a house property for more than Rs. 50 lakhs then you may to deduct 1% tax and deposit it to the government account.

As per new govt rule 5 percent will be applicable to you. 

you have already made payment to the builder as per GST rates applicable on under construction  property 

2) you cannot claim benefit of 5 per cent GST which would be applicable for payments made from April onwards 

See if you have already made the payment then in that case there is no remedy these are government decisions to change tax slab.

You can avail benefit of Input tax credit from builder for the 12% gst paid by you. 

If the builder doesn't pass on the benefit, you can complain to national anti profiteering authority 

You can lodge an online complaint on its website

Issue notice to builder to refund 1% TDS, which you failed to deduct. Or you can deposit the TDS from your pocket and claim refund from the seller showing Form 26QB.

Nothing can be done now as the sale consideration has already been paid in full.

You can just claim refund of 1% TDS from the builder by issuing legal notice for the same.

1. GST is charged on the amount p;aid.

2. When you had made the payment, the rate of GST was to the higher side to your misfortune.

1. See builder should passed the benifit on your payments .

2. See there is no formula for actual amount but for the sake of reasonableness you can look to accept a certificate from a cost accountant or chartered accountant certifying that the anti-profiteering computation has been done and the benefit due to the buyers has been passed .

3. You can complaint before the The National Anti-Profiteering Authority and GST commissioner in jurisdiction.

Builders claim credit on input costs such as steel, cement and sand used for under construction buildings to offset the GST liabilities.

2) home buyers for the sake of reasonableness can look to accept a certificate from a cost accountant or chartered accountant certifying that the anti-profiteering computation has been done and the benefit due to the buyers has been passed on,

3) Clause 171 has been incorporated in the GST Act which provides that it is mandatory to pass on the benefit due to reduction in the rate of tax or from input tax credit to the consumer by way of commensurate reduction in prices. However, only few buyers are able to avail the input tax credit benefit.

4) complaint has to be made to 

National Anti-Profiteering Authority

1. No

2. If builder does not pass on the benefits to the buyer, complaint can be made to the GST anti profiteering authority.

It is mandatory to pass on the benefit due to reduction in the rate of tax or from input tax credit to the consumer by way of commensurate reduction in prices.

Complain to anti-profiteering authority.

I think now input tax credit is not applicable in new policy. You can compaint go online gst portal. 

1. Ask the builder to produce the evidence of his paying TDS on theb payment made by you.

2. Input Tax Credit will be availed by your Builder and not you. being the purchaser.

Since you have already paid the full sale consideration amount even before the reduction of rates in GST, you cannot avail the concession at this stage.

1.  You can demand the ITC from the builder by issuing a legal notice to him on this.

2. You can either calculate on the basis of the circular or can enquire from any other person in local who is in the knowledge of this.

3. You can make a complaint agaisnt him with RERA on this.

It is unfair but the same has happened many times before too. Sometimes, when the tax rates are increased, then also government doesn't charge it retrospectively. So, it evens out.

No PIL has been filed regarding such matter as per my knowledge but research needs to be done to be sure before filing such a PIL

See that is governments discretion and power.

See there is clear power to change tax rates PIL won't be maintainable though you can try.

unfortunately you have made payments before April 2019 and hence have to pay GST at 12 per cent 

It is unjust but it's govt policy so we can't do anything.  Yes you can file pil against the same

The reduction in GST rates is not retrospective hence you cannot claim it as unjustified.

At the time when you paid the GST it was reduced from 18 to 12% likewise it is a periodical  amendment hence no PIL will be maintainable on this.

Not PIL but complain to anti profiteering wing.

1.  The Govt has reduced the rate of GST not from retrospective effect.

2. Thousands of buyers have thus failed to take the benifit of the reduced rate for making payment before the date of the reduction.

3. No PIL has yet been filed seeking relief.  

1. It's fine, either way.

2. A +B +C

Yes interest can be claimed from builder

1. Builder shall cab pay rhe interest at one go on possession.

2.see.for interest the amount you paid for cost of flat shall be considered.

builder should  pay interest before delivery of possession 

2) interest would be paid on flat costs but not on GST , stamp duty , registration charges 

The interest for delay in handing over possession shall be calculated at the given percentage which is annual percentage on the sale consideration amount paid by you. 

Builder has to pay you interest on all amounts paid by you [forming part of A, B and C] from the promised date of possession till final handover

the interest is to be applied for every month of delay till final handover

so for all amounts paid upto promised date of possession, builder has to pay you monthly interest till final handover

and for all amounts paid after promised date of possession, he has to pay you interest from the respective date of payment till handover of possession 

ask the builder not to act smart and release the interest cheque payments now itself

why to wait till possession?

1. Yes you can claim the monthly payment of the same. 

2. Go ahead and ask the builder to make monthly payment of interest.

Regards