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Applicability of GST on sale of Flats Allotted to Landowner

This query is : Resolved 
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(Querist)
11 June 2022 Sir,
One of our client was transferred his land to developer in exchange of some area of SFT in the completed building. Now before completion of construction he was selling his part of allocated area of SFT to another person for consideration. Then is the GST applicable on selling of area allotted to another person.

And also is capital Gain applicable to that transaction or how to be treated that transfer of land and sale of allotted building area.
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CA R SEETHARAMAN

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CA R SEETHARAMAN (Expert)
11 June 2022 GST applicable on such sale before completion of construction. ITC can be claimed on payment of GST to the developer.
Capital gains tax applicable on indexed cost of land and sale value of all the SFT allotted to land lord.
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