Gst for resale flats

967 views 3 replies

Hello, 

I am purchasing a flat from the owner who had been the landowner of the building complex and has jointly built the complex with the promoters. The flat is complete and i am living currently in rent in the same flat. I have 2 questions:

1. Is this purchase a resale transaction? Or a first hand purchase?

2. The building complex does not yet have a completion certificate as another tower is being built but the flat that i reside in as a rented apartment and which i am purchasing has the 'possession certificate' (I believe its the occupancy certificate). Is GST applicable on this purchase in this case?

Thank you in advance for your inputs.

Replies (3)

1. Depends upon status of the land owner, but generally second sale.

2. Once occupancy certificate obtained from municipality, no GST applicable. (Otherwise, when seller is not registered with GST, he cannot charge GST)

The posession certificate is from the builder, not from the municipality. How much difference does that make?

This certificate was obtained in 2014

As such builder is not empowered to certify, but if it was issued by his Architect......... its enough.


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