Gst on purchase of commercial prop without occupancy cert

This query is : Resolved

Aravind Bukka (Querist)
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31 January 2019 Dear Experts,

Is GST Applicable on Purchase of Physically Occupied Commercial Property (already tenanted at the time of registration) without Occupancy Certificate or Completion Certificate.

Also, please note that this property was purchased from the builder which he acquired as his share through a GPA cum development agreement.

Kindly advise.

Best Regards,
Aravind Bukka

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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01 February 2019 GST applicable as completion certificate not obtained.

Aravind Bukka

Aravind Bukka (Querist)
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01 February 2019 Sir Seetharaman,

But the Seller in this case has already acquired this property as his share in the form of a GPA cum development agreement so does it not become a second sale. Also the seller has neither informed me nor taken GST at the time of sale (time of registration). What should be done in this case. Is it not his responsibility.

Sir, please clarify.
Best Regards,
Aravind Bukka

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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02 February 2019 It's only first sale as he is developing the flat. GST is his responsibility if he is not charging GST no need to worry.

Aravind Bukka

Aravind Bukka (Querist)
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02 February 2019 Sir Seetharaman garu, thank you very much for your response.
Best Regards,
Aravind Bukka

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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05 February 2019 Welcome................

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