Gst on residential property

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I am going to purchase a flat from builder , in his projects some flats are already occupied and he is saying I have to pay gst @ 6% as he opted under old rates

as per my interpretation when some flats are already occupied then it satisfies first occupancy. and when first occupancy is satisfied then why I have to pay gst?
Replies (2)
The GST is not applicable if nothing has been paid to builder as advance (Booking amount) amount before the OC
If the flats are already occupied, then No GST shall be applicable since it is a no supply by virtue of Para 5 of SCHEDULE III of the CGST Act 2017.

But if you gave a token amount for booking the flat before the Occupation Certificate, then GST shall be applicable.

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