GST on flat sold after completion certificate

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Builder Developer insists on GST payment by buyer on flat being sold after completion certificate, even though GST is not applicable on sale after completion certificate.

Whether builder can give GST invoice or receipt showing GST, for flat sold after completion certificate?

How to do the deal? 

or

how to complain?, to whom to complain ?

or

how to get refund of GST so paid? 

Replies (9)
Quick Summary
GST is generally not applicable on flats sold after receiving a completion or occupancy certificate. Buyers can verify the certificate, question unlawful GST demands, and file complaints with GST authorities or RERA if GST is wrongly collected.

Get copy of completion certificate....

Show it to builder and ask if his demand of GST as per act being genuine? Can threat him to complaint it with local GST office!!

In any case, he cannot issue receipt of the amount so collected.

If completion certificate is there do not worry
Yes, no GST is chargeable on sale of flats / units after completion / occupancy certificate issued.
however, GST is chargeable on flats / units sold before completion / occupancy certificate issued even when payments ( installments) are made after issue of completion / occupancy certificate.

For more details -
CA Sachin M Jain .8O975. l5447

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If the builder is charging Gst means oc is not received.
If completion certificate is there no gst
If the any amount including booking amount was given before completion certificate then GST will be applicable on the whole amount. Otherwise no GST payable.
For detailed opinion you can DM me
Hello Mahan

If you have given any amount to the builder as advances before receiving the completion certificate, you will still be liable to pay tax even after receiving the CC.

Hi ..

You can raise a complaint against Builder developer to RERA Authority being post completion of project & getting a completion certificate collected GST from customer/buyer (buyer is here "Mahan"") which is not suppose to collect the GST..

 

 

Thanks 

Shashikant

 

Where to Show Sales Receipt after  occupancy certificate in GSTR-1 & GSTR3B


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