• GST Liability on Builder under new scheme 5% after obtaining OC

Good evening sir, 

A Builder has entered into JDA after 01.04.2019 and commenced construction of residential house property after 01.04.2019. He opted to pay GST @ 5% without ITC under the new scheme. Does the builder have to pay GST @ 5% under the new scheme on flats booked after obtaining an Occupancy Certificate? If yes, kindly provide any reference to that
Asked 4 years ago in GST

No GST needs to be paid if the completion certificate has been received and no payment made before that.

 

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Thank you

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

HI

 

NO need to pay because completion certificate has not been received 

Karishma Chhajer
CA, Jodhpur
2452 Answers
29 Consultations

Dear Sir,

 

Hope you are doing well !!

 

Per Section 7 read with Schedule II of the Central Goods and Services Tax Act, 2017,

“The construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certificate, where required, by the competent authority or after its first occupation, whichever is earlier shall be treated as Supply of Service”

Once the flat is constructed and occupancy certificate is issued, the said flat is considered as Immovable Property and no GST will be levied on sale of such flat.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hello,

 

If the completion certificate has been received and no payment for the flat was made before the date of the completion certificate, then no GST is leviable.

I hope this answer satisfies your requirements. 

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Dear Sir,

 

Once occupancy certificate is issued for a project, no gst is applicable on it. If some amount has already been paid before the receipt of oc, then gst would be applicable on it.

 

 

Thanks & Regards

Shiv Kumar Agarwal

Shiv Kumar Agarwal
CA, Delhi
489 Answers
74 Consultations

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