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JULY 2017

ISSUE 5
MHG NEWSLETTER

Shri. Suresh Sahu, MD


SUPREME ENGICONS
(INDIA) PVT. LTD Silent features: This law vests authority
Why this act is required? on the real estate regulator to govern
both residential and commercial real
Government of India enacted the Real estate transactions.
Estate (Regulation and Development) Act This law makes it mandatory for
2016 on 26th March 2016 and all provisions developers to post all information on
shall come into effect from 1st May, 2017. issues such as project plan, layout,
Maharashtra Real Estate Regulatory government approvals, land title status,
Authority (MAHARERA) established vide sub-contractors to the project, and
notification No. 23 dated 8th March, 2017. schedule for completion with the State
Real Estate Regulatory Authority
Purpose: (RERA) and then in effect pass this
1. An act to establish The Real Estate REAL ESTATE REGULATORY
information on to the consumers.
Regulatory Authority for regulation & AUTHORITY (RERA).
The current practice of selling on the
promotion of the real estate sector. 1. Real estate & the housing sectors basis of ambiguous super built-up area
2. To ensure transparency in projects. were highly unregulated sectors. for a real estate project will come to a
3. To project the interest of consumers in 2. Lack of transparency in projects. stop as this law makes it illegal. Carpet
the real estate sector & to establish an area has been clearly defined in the law.
adjudicating mechanism for speedy 3. No proper information about the
The maximum jail term for a developer
dispute redressal. builder.
who violates the order of the appellate
4. To provide proper information about the
4. Lack of remedies available to the tribunal of the RERA is three years with
builder. or without a fine.
buyers.
Currently, if a project is delayed, then the of projects. Lastly, every project
developer does not suffer in any way. measuring more than 500 square
Now, the law ensures that any delay in meters or more than eight apartments
project completion will make the will have to be registered with the
developer liable to pay the same interest RERA. The law mandates every builder
as the EMI being paid by the consumer to to keep 70% of collection from every
the bank back to the consumer. The project in separate bank account. In a
developer cannot make any changes to schedule bank, no Co-operative Bank
the plan that had been sold without the withdrawal of money will be after
written consent of the buyer. This puts certification by monitoring committee SHRI. SURESH SAHU ADDRESSING THE
paid to a common and unpopular practice consists of Architect, Engineer, and CA.
AUDIENCE AND ENLIGHTING ABOUT RERA.
by developers to Increase the cost

A high level Seminar was organized


by SUPREME FOUNDATION in
association with The Celebration
Sports Club at Lokhandwala
Complex, Andheri (West), Mumbai
400 053. on 25th June, 2017 attended
by (L to R) Lion Vinod Harisingani
(Structural Engineer), Shri. Suresh Sahu
(PMC), Shri. Hemant Nair (Secretory of
THE SNLCCHSA LTD.), Adv. Ameet
Mehta (Partner, SOLICIS LEX), Shri.
Piyush Goyal (Hon. Minister of state
Independent Charge), Dr. Bharati
Lavekar (Local MLA), Shri. P. S.
Chandhok, Shri. Yogiraj Dabhadkar
(Local Corporator), Shri. Veeresh Shah
GROUP PHOTOGRAPHS OF GUESTS AND FACULTIES DURING THE SEMINAR
(Chartered Accountant).

Shri. Piyush Goyal, Minister of State-


Invoice under GST for Co-op
Independent Charge had explained the GST in
Soc:
very simple way: He further added that It is
1. Signature of office bearers or
destination based tax on consumption and
services. It is proposed to be levied at all Authorized Person
stages right from manufacturing up to final 2. Name , Address and GST No.
consumption with credit of taxes paid at of Society
previous stage available as setoff. In a 3. Bill No. containing alphabet or
nutshell, only value addition will be taxed numericals or special
and burden of tax is to be borne by the final
character hyphen or slash with
consumer. SHRI. PIYUSH GOYAL, MINISTRY OF STATE unique F.Y.
Taxable Person: Taxable Person means a INDENPEDENT CHARGE, ADDRESSING THE 4. Date
person who is registered or liable to be AUDIENCE.
5. Name & Address of flat owner
registered under GST Act. A person who has
Advantages of GST: 6. Service Accounting Code
obtained or require to obtain more than one
1. Matching of Invoices. 7. Description i.e. Maintenance
registration, whether in one State or more than
2. Single Tax Compliance. 8. Total value of Supply of
one State, Shall in respect of each such
3. Easy to sell because Single Price. service
registration, be treated as distinct person for the
4. Reduction in Prices. 9. Rate of taxes (CGST & SGST)
purpose of this Act.
CA Veeresh Shah had explained Benefits of GST Bill implementation:
about GST such as: The tax structure will be made lean
and simple.
Criteria for GST: The entire Indian market will be a
All Over India (Except Special unified market which may translate
Category States) into lower business costs. It can
Aggregate Turnover Exceeds facilitate seamless movement of
Rs. 20 Lakh goods across states and reduce the
Special Category State : transaction costs of businesses.
Aggregate Turnover Exceeds -Rs. It is goods for export oriented
10 Lakh SHRI. VEERESH SHAH ADDRESSING THE businesses. Because it is not applied
Special Category State : Arunachal AUDIENCE ABOUT GST for goods/services which are exported
Pradesh, Manipur, Meghalaya, GST MIGRATION / REGISTRATION out of India.
Mizoram, Nagaland, Sikkim, Tripura, DOCUMENTS: In the long run, the lower tax burden
Himachal Pradesh, and Uttarakhand could translate into lower prices on
1. Service Tax Registration Certificate
Taxability: 1. Annual maintenance goods for consumers.
(in case of Migration) The Suppliers, manufacturers,
collection of a society is above Rs. 20
2. Society Registration Certificate wholesalers and retailers are able to
lacs. OR Rs. 5,000 per month per
member. 3. Photograph in JPEG format (Office recover GST incurred on input costs
2. Composition Scheme not allowed. Bearers) as tax credits. This reduces the cost
3. GST is not applicable on property 4. Permanent address of Office of doing business, thus enabling fairer
tax, non-agricultural land tax. Sinking prices for consumers.
Bearers (E.g. Aadhaar Card copy)
fund/ Repair fund may attract GST. It can bring more transparency and
5. PAN Copy of Society and office
What is the applicable GST rate? better compliance.
bearers
Recently GST Council Decide 4 GST Number of departments (tax
6. Resolution/Authority Letter for office departments) will reduce which in turn
Rates Slabs for India, i.e GST Rates
bearers may lead to less corruption
in India is 5%, 12%, 18% &
7. First page of Bank Statement along More business entities will come
28%.Combined GST rate is being
with Branch address and IFSC code. under the tax system thus widening
discussed by the Government. After the tax base. This may lead to better
8. Address proof of the Society
the total GST rate is arrived the central and more tax revenue collections.
9. Digital Signature Token.
and state will decide on the CGST and Companies which are under
10. New Registration/Migration in GST
SGST rate. unorganized sector will come under
will commence from 25th June. tax regime.

Real Estate Agent Registration:


Registration Mode: Online through
MahaRERA portal which was live from
1st May 2017.
Fees: If the applicant is an individual,
then registration fee is Rs. 10,000. If
applicant is other than an individual,
then the fee is Rs. 1 Lakh. The mode of
payment is NEFT or RTGS System or
any other digital transaction mode.
Jurisdiction: Registration shall be
ARCHITECT PREM NATH ADDRESSING MEDIA valid only for Maharashtra LARGE NUMBER OF SOCIETY MEMBERS
DURING THE SEMINAR Validity: 5 years BENEFITED THROUGH THE SEMINAR
Penalties: If any real estate agent fails for registration of the real estate project
to register, he shall be liable to a before the expiry of the period of 30 days
penalty of ten thousand rupees for of its submission and before MahaRERA
every day during which such default has approved registration. Rs. 5000
continues, which may cumulatively shall be retained as administrative
extend up to five per cent of the cost of charges, in withdrawal cases.
plot, apartment or buildings, as the Penalties: If any promoter fails to
case may be, of the real estate project, register as per Act, he shall be liable to
for which the sale or purchase has a penalty which may extend up to ten per
been facilitated. cent of the estimated cost of the real CLUB MEMBERS WELCOMING LION VINOD
Real Estate Project Registration: estate project. On continued violation, HARISINGANI (STRUCTURAL ENGINEER)
Registration Mode: Online through he shall be punishable with Filing of Complaints:
MahaRERA portal which was live from imprisonment for a term which may 1. Any aggrieved person may file a
1st May 2017. extend up to three years or with fine complaint with MahaRERA or the
Fees: Rs. 10 per sq. m of Land Area, which may extend up to a further ten per adjudicating officer, as the case may
subject to minimum Rs.50, 000 and cent or with both. be, with respect to any registered
maximum Rs. 10 lakhs only. The mode real estate project, for any violation
of payment is NEFT or RTGS System or contravention of the provisions of
or any other digital transaction mode. this Act or the rules and regulations
Ninety Day Window: All promoters of made there under. The Authority
Ongoing Projects have ninety day shall establish an adjudicating
window for completing registration of mechanism for speedy redressal of
Projects. Post which promoter shall such complaints.
not advertise, market, book, sell or 2. Any person aggrieved by any
offer for sale or invite persons to direction or decision or order made
purchase in any manner any plot, by MahaRERA or by an adjudicating
apartment or building. SEMINAR ATTENDED BY LOCAL MLA DR. officer may file an appeal before the
Project Withdrawal: The promoter BHARATI LAVEKAR, CORPORATOR YOGIRAJ Appellate Tribunal.
may apply for withdrawal of application DABHADKAR.

Questions & Answers


Que. Why fuel such as Petrol & Diesel is not included in GST????
Ans. All the states are not agreed in majority to include Fuel in the said bill. But it is possible in future if
agreed by all.
Que. Does the definition of Promoter include public bodies such as Housing Board, etc. in RERA????
Ans. The Act covers all bodies (Private & Public) which depends real estate projects for sale to the General
Public. The term Promoter which includes both private & public real estate promoters.

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