I bought a flat in Hooghly district in an apartment that has more than 12 flats. At the time of registration, my promoter asked for service tax at the rate 10 per cent of the flat’s cost. I want to know:

a) Who pays the service tax — the buyer or the promoter?

b) What is the current rate of service tax?

c) Who is the authority to collect it?

A. Mitra, Uttarpara

The way agreements are inked for sale of flats in Bengal may not raise the question of service tax. In some states, two agreements are signed between the developer and the buyer — one for the land and the other for employment of the developer as contractor to build the house.

In the second case, stamp duty is paid on sale of land whereby service tax is paid on the contractual agreement. In Bengal, stamp duty is paid on the entire sale value and one agreement is drawn up. But some developers fear that they may be asked to cough up service tax and so collect the money as refundable security on disputable liability of service tax.

So you can consider paying him what he asks for with a binding agreement that if service tax is not claimed within three years, the money should be paid back with interest. Some developers put the money in fixed deposits. You can suggest to your promoter to go for such an arrangement.

I bought a flat in Calcutta and did the registration. Where can I get a certified copy of the deed and how many days after registration is such a copy available?

Sushobhan Hajra, on email

You can get the copy from the office of the sub-registrar within a week of registration.

My landlord wants us to vacate our flat, although we have been paying the rent regularly. I want to stay on for at least a year. Is that possible?

Mohandip Roy

It is possible.

Who can decide on the quantum of monthly maintenance charge in a nine-member association? If somebody refuses to pay the charge, can the other flat-owners discontinue his/her power and water services?

D.K. Mitra, Calcutta

Maintenance charge is based on the size of the flat — the bigger the flat, the higher the charge. Any decision on withdrawing common services has to be taken by a simple majority. However, it is advisable not to withdraw essential services like water or power.

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