No gst after first occupation of property ?

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This query is : Resolved

Snehashish Ghosh (Querist)

19 January 2018 I am buying a NEW Flat in a Building in which one of the Flats is already occupied since 2016. The buyer of the occupied flat had paid stamp duty and had got the flat duly registered in his name in 2016 and is living in that flat since then. However the Builder does NOT have the Completion Certificate for the property yet.
Is it CORRECT that since I am buying the flat ‘AFTER FIRST OCCUPATION’ of the Building, the Builder DOES NOT have to pay any GST on the sale of the flat to me ? and therefore he cannot charge me either ?

CA S K MISHRA

CA S K MISHRA (Expert)

19 January 2018 No GST on ready to move flat.
For expert knowledge, refer following links
https://www.amazon.in/dp/194832105X
https://www.infibeam.com/Books/indirect-tax-laws-part-i-goods-services-tax-s-k-mishra/9781642490305.html

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

19 January 2018 Yes you are right GST can't be charged on sale of flat, the buyer of the occupied flat had paid stamp duty and had got the flat duly registered in his name in 2016 and is living in that flat since then.

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