asif shaikh 22 July 2018
sir, we have construction business,we constructing residence flat and shop.we purchases raw materials and etc..from registered persons and we claim itc in our 3B returns.we books flats under construction time.some flats sold before b.u.permisson and some sold after b.u.permisson.sir,we want say that those flats sold after b.u.permisson which are tax free,but we taken credit of raw materials which used in those flate so can we should reverse tax credit used in flats sold after b.u.permisson ?please advice us.
Pankaj Rawat (GST Practitioner) 22 July 2018
flats after issuance
of completion certificate without payment of GST in terms of
clause 5 of schedule-III to CGST Act are exempt supplies
As per section 17 . Input Tax credit is restricted to the amount as is attributable to taxable Supplies.
So , Offcourse you have to reverse the ITC claim on flat will reverse when sold after B.U permission or completion certificate.
Note: method of attribution of eligible ITC has been prescribed in Rule 42
Sivaraman.A.R (.) 13 January 2019
Yes. Flats sold after CC and for which entrire consideration is received after CC is not a supply as per GST (Schedule 3).
So as per section 17(2), Input tax credit already availed in respect of those flats are to be reversed.
Rule 42 applies. But the phrase "intended to be used" and "tax period" may create confusion on calculation when exactly followed Rule 42.