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Memorandum to Govt. from CREDAI to Take Off Service Tax

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Ministère des Finances QuébecApril 14, 2010

A memorandum has been submitted to the Finance Ministry concerned with the appeal for removal of service tax on housing complexes under construction by CREDAI, Confederation of Real Estate Developers’ Associations of India which is a real estate industry body.

The Chairman of CREDAI, Kumar Gera stated that they have put forth their concerns and suggestions and also discussed the probable impact of the provisions with the Ministry. An understanding of the problem and required corrective steps will be taken is a hope from the government. The list of recommendations was built in consultations with KPMG, its knowledge partner and was submitted to Y G Parande, a Finance Ministry Member (Budget).

According to Gera, the money collected through the imposition of service tax on real estate development will not be big enough; rather it would majorly lead an overall negative sentiment and a net loss of revenue.

In budget 2010, it was announced by Mr. Pranab Mukherjee, the Finance Minister that a tax would be imposed on the housing complexes under construction but later it was clarified by the officials that service tax would be imposed on 33 per cent of total selling price. This was interpreted by the real estate players as a 3.5% price escalation for the buyers.

According to CREDAI, it was an impractical proposal to levy service tax on construction of complex since would lead to government giving preference to the secondary market of completed projects.

Need to Monitor Realty Sector

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When Developers Attack
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In India there is no qualified consumer movement supported by thorough research conducted by voluntary research organisations to recommend the avenues for investment in property. The

The present enhancement in realty prices throughout India has given a new outlook to the investment in realty. The resources in real estate have slided from need oriented to profit based.  Last five years advancements have brought 300% to 400% returns in finance in realty sector.

The legal system in India is so over hindered and costly that the investors are considering surrendering their money as a good option than to knock the law doors which is benefitting the estate agents.

The enforcement of Consumer Protection Act 1986 acted as the turning point in the Indian history. The common educated man is enlightened now but what is the immediate need is the a Ralph Nadar who makes the mass awareness.

A step forward was initiated by the voluntary organisation, Common Cause, headed by of HD Shourie towards promoting an organisation to infuse discipline among various participants of the industry.

1) This organisation demanded a National Real Estate Development Council, which aims at administrating various actions related to realty.

2) Another method included allocation of ratings to builders.

The activities of guiding these authorities should cover all sectors concerning real estate development. There should be similar authorities in all big cities enforced by Central Government. The concerned delegation should maintain the records for the past projects including purchases and deposits of individuals.

With the proposal of any new project there should be strict instructions to get the details registered with the related authority for the property developers. All transactions related to finance should be governed by authority to avoid misuse of investor’s values by developers.

There should be regular inspection by the authority by visiting sites to supervise the construction schedule given by builders. The authority should also have the power to increase the deadline of the project completion.

If in case any builder fails to complete the project within the predetermined period even after the extension of the deadline, then the project should be given to a new builder in the same condition as it is keeping in mind that the investors should not suffer. Such builders should be discarded and should be charged a heavy penalty.