Applicability of GST on Apartment booked in 2011 under CLP

Applicability of GST on Apartment booked in 2011 under CLP

Apartment booked in 2011, under CLP. 
Apartment was not sold then.
Company was developing the complex.
Agreement was not registered.
CLP Instlmt. payments made were along with Service Tax @3.09%
Now The Apartment is ready to move-in, with occupancy certificate from Corporation of Kochi.
Apartment is being sold now, though the advance payments were made since 2011 till 2014.
Should it not be considered a sale of Ready to move in Apartment?
If so, Should we not be eligible from exemption from GST?
Builder is charging us GST..... WHAT TO DO? Please advice......

Asked 6 years ago in GST

If all the installments were paid before GST implementation and included service tax, GST cannot be charged by the builder.

Lakshita Bhandari

CA, Mumbai

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GST should not be levied on past installments. However, GST may be charged for installments paid on or after 1 July 2017 if completion certificate is not received before 1 July 2017.

Please feel free to call/ revert in case you need more clarity.

Thanks and regards

Abhishek Dugar

CA CS B.Com

Abhishek Dugar

CA, Mumbai

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Dear Sir,

GST is not applicable if apartment is booked or purchased after completion certificate has been issued. If the payment of installments has also been made after 01.07.2017 and the completion certificate was not issued then GST is applicable.

Thanks

Vivek Kumar Arora

CA, Delhi

Available Now

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You bought under-construction property and paying the installments after implementation of GST also then GST will be charged on all amt paid after 1.07.17.

But if you purchased after receiving completion certificate then no GST is applicable.