• GST under PMAY/CLSS

I am purchasing an apartment under CLSS scheme. Loan had been sanctioned under MIG2.
 I am purchasing land owners share. I have forwarded them the notification regarding eligibility of 8% GST rate. Initially they said they are not aware of it. Now he is saying as it is land owners share they have to charge 12% GST and also the builder has not passed on the input credit benefit to them. 
My question is if this reduce rate of 8% is applicable only if we purchase from builder/developer and not from land owner. ?
What can I do to get this reduce rate of GST?
Asked 7 years ago in GST

if your loan is approved under CLSS scheme then you will be eligible for lower rate of 8%

Varun Chawla
CA, Ghaziabad
74 Answers
1 Consultation

If you are purchasing land owner share after issuance of completion certificate then there is no GST applicable. Whether the builder has passed ITC benefit or not to seller but your are liable to pay 8% only under PMAY.

Vivek Kumar Arora
CA, Delhi
5015 Answers
1138 Consultations

Hi,

Hope you are doing well !

Yes, you are eligible for 8% GST as mentioned in Notification no. 20/2017 applicable from 22 August, 2017.

On 25th Jan 2018, class scheme also included for benefit.

Your Loan had been sanctioned under MIG2 , so you will be lible to pay only 8% GST.

No GST on purchasing of land owner share after receiving completion certificate.

You can approach GST council and also visit to your nearest GST Seva Kendra for confirmation on the same.

Thanks & Regards,

Payal Chhajed

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hi,

Irrespective of whether the builder has passed on the credit or not, your are liable to pay GST @ 8% only.

You may get in touch with the GST council to reaffirm the same.

Regards,

Nikhil.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

Hi

The benefit of 8% GST shall have to be granted irrespective of the fact that it is a land owner's share.

The notification dated 25th Jan in this respect should suffice the requirement, However, even then they don't agree, you may contact your nearest GST Seva Kendra.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

As per notification of Aug 2017, you are eligible for reduced rate of 8%.

If your seller does not agree with it, you can visit GST seva Kendra.

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

Hi,

Hope your problem got resolved.

Otherwise you can connect with us.

Thanks & Regards,

Payal Chhajed

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Ask a Chartered Accountant

Get tax answers from top-rated CAs in 1 hour. It's quick, easy, and anonymous!
  Ask a CA