Real estate
This query is : Resolved
06 August 2020
A builder intend to construct a complex or building and sale it to a buyer. It is a supply as per Para 5(b) of Schedule II of CGST Act . Such supply is taxable till the builder receives completion certificate. After obtaining completion certificate, it is considered as exempt services . This is because, after completion of work or first occupant of the project it become building and GST is not applicable on building.
Where promoter opts to continue with old scheme and pay tax at full rate (8%/12%) after availing ITC, proportionate reversal of Input Tax Credit is required in respect of apartments remaining unsold as on date of completion or first occupation, whichever is earlier.
As per above statement GST is not applicable on sales of building if the first occupation of project is given before complication of certificate. but we have paid GST on advance payment received after the first occupation. & now the project is complete. so what is the impact of paid GST in GST regime. what action we have to take . Kindly Guide ???
Where promoter opts to continue with old scheme and pay tax at full rate (8%/12%) after availing ITC, proportionate reversal of Input Tax Credit is required in respect of apartments remaining unsold as on date of completion or first occupation, whichever is earlier.
As per above statement GST is not applicable on sales of building if the first occupation of project is given before complication of certificate. but we have paid GST on advance payment received after the first occupation. & now the project is complete. so what is the impact of paid GST in GST regime. what action we have to take . Kindly Guide ???
Lekhraj sood
(Expert)
06 August 2020
You can claim refund of the GST excess paid under section 54.
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