The case of Punjab and Haryana High Court in CHD Developers v. State of Haryana & Ors. (TS-147-HC-2015(P&H)-VAT) where Rule 25 of Haryana VAT Rules was challenged on the premise that levy of VAT on value of land was ultra vires the powers of State Legislature.
Earlier in the Haryana VAT Rules 2003, Rule 25 only provides for deduction on account of labour and other service charges in case of works contractor, and no deduction was available to the developer/builders of Haryana on account of cost of land.
However, on 23rd July, vide notification no. 19/ST-1/H.A.6/2003/S.60/2015, HVAT amendment rules have been issued, and rule 25 has been amended thoroughly. These rules have come up with a retrospective effect from 17/05/2010.
Vide these amended rules, it has been made clear that in case of builder/developer, where land is also transferred along with other property in goods, the deduction of 25% (in case books are not maintained, standard deduction is allowed in place of deducing the actual values of service portion) shall be allowed after deducting the cost of land.
The amended rule 25, also provides methods of determining the cost of land, the summary of the same is provided herewith-
Cost of land shall be highest of the following-
For details, you may refer the Notification no. 19/ST-1/H.A.6/2003/S.60/2015.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances; Hope the information will assist you in your Professional endeavors. For query or help, contact: singh@carajput.com or call at 9555555480
EPF Scheme 2026: Can Employers Suddenly Restrict PF Contributions to INR 1,800? A question is currently circulating across HR departments,… Read More
Can an Employer Introduce New Rules After Standing Orders Come Into Force? Many employers believe that once an organization grows,… Read More
Madras High Court on GST Fraud Notices under Section 74 – Key Takeaways The Madras High Court, in Fastenex Private… Read More
ITR Filing AY 2026-27: Eligibility, Documents Required, Due Dates & Penalties for Non-Filing Who Must File ITR for Assessment Year… Read More
Tax Dept introduced a new reporting field in Schedule Exempt Income for AY 2026-27 The Income Tax Department has introduced… Read More
Digital Personal Data Protection (DPDP) Act, 2023: Complete Compliance Guide, Requirements, Penalties & Implementation Framework The Digital Personal Data Protection… Read More