we are getting our old bungalow redevelop by a builder.He has offered us free flats and some cash consideration which will be paid at the time of agreement.Is GST applicable on cash consideration ? if yes then who will pay that and when ?
So there might be 2 scenario in case of builder pay you 11 lacs 1. if he pays you for his share in land then no GST will be applicable , the schedule III come into force selling of immovable property/Development Rights . 2. if it consider it as construction cost then GST will be applicable .
Note : Builder cannot pay cash 11 lac , the income tax not allow him to do so.
he is paying the amt by cheque.My query is wether GST is applicable on that consideration amt then who should pay that GST amt , Me or builder and when to pay?
our builder say you take the GST number ,I will give you the GST amt and you pay the GST .Is this the right entry ?Why he is involving us in that transaction?
GST IS LIABLE TO BE PAID BY THE BUILDER ON THE SHARE OF THE LAND OWNER, ASLO GST IS LIABLE TO BE PAID WHEN THE POSSESSION OR RIGHT IN THE PROPERTY OF SAID FLATS ARE TRANSFERRED TO THE LAND OWNER BY ENTERING INTO A "CONVEYANCE DEED" OR ALLOTMENT LETTER
YOU HAVE JUST TRANSFER DEVELOPMENT RIGHTS TO BUILDER WHICH IS NOT SUPPLY AS PER SCHDULE III, SO YOU ARE NOT LIABLE FOR ANY GST