Gst on constructed commercial office space

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Hello All,

Our company is planning to buy a fully furnished commercial office space of 4000 sq.ft in bangalore and we have paid 32 lakhs as a advance  and in some days we are going to register the same. but seller or builder is telling that we need to GST on purchase, we are confused with this, kindly suggest with resolution on RATE OG GST APPLICABLE AND whether we can claim SGCT, CGST. 

Replies (2)

GST is applicable on under construction properties but not on completed, ready-to-move-in apartments. If it is under construction then you will have to pay tax as charged by the builder @ 18%. ITC will not be available as per section 17(5).

As per the clause 5(b) of the Schedule II of CGST, Act,
2017, construction of a flat / house / complex intended for sale
is a supply of service. & GST is applicable

However, if the entire consideration towards the
Flat/House/complex is received after the receipt of
completion/occupancy certificate from the competent authority or
after its first occupation, whichever is earlier, then such
activity is neither a supply goods nor a supply of Service, as
provided under Clause 5 of Schedule-III of CGST Act, 2017.
Accordingly, a transaction involving sale of such immovable
property after initial occupation or after receipt of occupancy
certificate, is a sale of immovable property and it does not
attract GST.

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