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Gst liability on flat obtained completion certificate

sajina anukesh (21 Points)

05 June 2020

please explain whether who is liable to pay the gst on flat obtained completion certificate,buyer or seller

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4 Replies

Garima gupta (41 Points)
Replied 05 June 2020

Dear,

If the flat has been brought after obtaining the completion certificate of the flat then GST is not required to be paid neither by the seller nor by the buyer.

Shivam RC (Student) (23683 Points)
Replied 05 June 2020

Agree with Garima Gupta...

As per Para 5 of SCHEDULE III of the CGST Act 2017, "Sale of Land and Subject to clause (b) of Para 5 of SCHEDULE II, Sale of Building" , is neither treated as Supply of Goods or Supply of Services.

Moreover as per Para 5 clause (b) of SCHEDULE II of the CGST Act 2017, Under-Construction Properties are treated as Supply of Services and accordingly GST is applicable. Once the Developer receives the Completion Certificate ( CC ) / Occupation Certificate ( OC ) of the Project, the Developer cannot charge GST from it's customers.

Therefore neither the Buyer nor the Seller is liable to pay GST on Flats for which CC has been issued from the competent authority. If the Seller demands so, you can lodge a complaint with the National Anti Profiteering Authority.

Regards,
Shivam RC.

2 Like

KRISSHNAN KP (4215 Points)
Replied 06 June 2020

Yes it is true

Shivam RC (Student) (23683 Points)
Replied 06 June 2020

@ KRISSHNAN KP Sir, Kindly stop posting comments like "Yes it is true" in all the chats. Unnecessary clutter. So try to avoid posting all these comments. Don't take it otherwise. It's good for you only Sir.

Regards.