• GST % applicable

I hv booked flat in 2013, construction started in 2014, 80% payment made and agreement also registered and stamp duty also paid.2016, bal. paid before march 2017, I hv. received possession letter in Feb 2019, now small amt. is pending for payment i.e.Rs. 2 lacs., this bal. amt. is liable for GST? if yes what is the % 5% or 12%. pl. advice.
Asked 6 years ago in GST

Dear Sir,

 

Hope you are doing well !!

 

For the ongoing projects, builders have been given the option to either continue in 12 per cent Goods and Services Tax (GST) slab with ITC or opt for 5 per cent GST rate without ITC.

 

“Ongoing projects” means projects where construction and actual booking started before April 1, 2019, but which was not completed by March 31, 2019.

 

In your case, the new rate is apply only if bulider had opted the option of new rates.

 

Please check the same with builder.

 

Otherwise, you will be liable to pay GST as per old rates.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

- In your case, construction, booking and completion is completed before 31.03.2019 therefore new rate @ 5% will be applicable.

Vivek Kumar Arora
CA, Delhi
5014 Answers
1136 Consultations

Hello Sir,

 

New rate i.e. 5% would be applicable for pending payment.

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

Yea this amount is liable to GST. The rate of tax depends on the option exercised by the developer 

Vidya Jain
CA, Kolkata
1026 Answers
58 Consultations

The rate of 5 or 12 would depend on the scheme your builder has selected.

As the construction started before 01.04.2019 were having an option to choose between 5% without ITC and 12% with ITC.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

Hello,

Yes, this balance amount is liable for GST. The rate depends on the option your builder has opted for. 

 

I hope this answer satisfies your requirement.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Hi,

 

Yes, the balance amount is liable for GST. Rate will depend upon whether the builder has choosen the scheme of reduced rate or not. If he has chosen then the rate will be 5% otherwise 12%.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

Hi

12%

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

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