GST on JDA

What if the JV project initiated in 2016 and completion certificate received before 31st March 2019 and handing over  to customers happens in June 2019.. There are unsold flats of Land owner on the completion date in march which got sold after 1st April as immovable property without GST and reversed proportionate ITC in books/returns. Now what is the GST on construction service to be calculated payable by Land owners and at what rate.

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Quick Summary
This discussion explores the Goods and Services Tax (GST) implications for Joint Development Agreements (JDAs) initiated before April 1, 2019. It specifically addresses how GST applies to unsold flats held by landowners at the completion date versus the handover date, and whether older project rules or newer notifications are relevant. The query also seeks clarification on the correct GST rate and Reverse Charge Mechanism (RCM) applicability for construction services provided by developers.

No GST is payable by landowner on completion date,

GST under RCM will be paid on FSI by builder

Unsold flats after completion date No GST by both Builder and Landowner 

Q1 For construction services by developer to Landowner - Whether GST should be paid on unsold flats as on completion date (1 mar 2019) or unsold flats as on 1st June 2019 since flats got considerably reduced?.  Whether notification 4/2018 still valid for old projects or it got superseded by 11/2019 notification which was for new projects.

 

Q2. Should the rate be @ 18% or 5% RCM by the developer?

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