Since the flat was booked under construction and construction has been completed after GST implementation, GST shall have to be paid by you.
I booked a flat in under construction property in January 2015 under 20 : 80 scheme. 20 % paid immediately with applicable service tax and vat. The agreement for sale is not executed as yet. After receiving the Occupation Certiicate in May 2018 builder raised demand for balance 80% but has charged GST at 12 % on balance 80 % consideration amount and on the additional charges payable to him on possession. Am I liable to pay GST now as the property is ready to move in and my sale agreement will be executed after the date of Occupation Certiicate
Since the flat was booked under construction and construction has been completed after GST implementation, GST shall have to be paid by you.
Hi,
Since you have booked the flat under construction and OC has been received post implementation of GST, you are liable to pay GST.
Entire consideration should be paid after receiving occupation certificate. In your case you paid 20% at the time of booking and remaining after OC is received therefore you are liable to pay GST.
Yes, you will be liable to pay GST since you booked an under construction property and the construction completion is post GST becoming effective.
Hope that clarifies.
Regards,
Nikhil.
As per the provision of law, if a person has even if the paid the advances before occupancy certificate, then on entire amount it has to pay GST, even though occupancy certificate is not executed
You are liable to pay GST as there is a "supply of goods or services" within the meaning of the GST Act.
12% is the rate that is applicable. However, if your apartment is coming within the meaning of affordable housing, the GST is now applicable @ 8%. You may read an interesting article on this issue at https://taxguru.in/goods-and-service-tax/clarification-enable-availing-8-gst-affordable-housing.html
Further, even if GST is charged @ 12%, there will be input credit that is available to the builder. You may negotiate with the builder to reduce the price by passing on the input credit to you at least partially. The builder may or may not agree for this but you may try to negotiate.