Regarding gst of under construction flat

This query is : Resolved

Shivani (Querist)
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16 May 2019 Dear Expert,

I have booked a under construction residential flat on March 2018. Have already paid 40% of the payment and the GST of 12% as on March 2019.
Now need to pay the remaining balance to the builder. My queries are :
1. What GST i have to pay, is it 12% or 5% (on rest of the amount)?
2. Would i able to claim the total GST which i have paid and want to pay for the flat, as i have a valid GST number.

Asiya Begum

Asiya Begum (Expert)
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16 May 2019 The replies to your queries are as follows -

1. If your builder has opted to pay GST @12% by considering it as ongoing project then you will have to pay GST @12%. If the builder has opted to pay GST @5% then you will end up paying 5%. You can enquire with your builder as to which option he has opted for.
2. No. The credit will not be allowed as it is specifically restricted u/s 17(5) of the CGST Act, 2017.

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