GST: TIME OF SUPPLY IN CASE OF JDA (JOINT DEVELOPMENT AGREEMENT)

1. TRANFER OF TDR BY LANDOWNER TO DEVELOPER

 

THEN WHAT ABOUT THE APPLICABILITY OF  NN 6/2019 CENTRAN TAX?

Read the words....

"........ as the registered persons in whose case the liability to pay central tax on, - ..........  

..... shall arise on the date of issuance of completion certificate for the project, where required, by the competent authority or on its first occupation, whichever is earlier. ...... "

RIGHT SO BASED ON THIS POINT OF TAXATION IS DATE OF CC AND NOT ON DATE TDR IS TRF BY LANDOWNER VIA JDA

I THINK THERE IS SOME CONFUSION:

IN MY ORIGINAL QUESTION : I NEED TO KNOW TIME OF SUPPLY FOR CASE 1 & CASE 2

The confusion is in query... The time of supply is not always same as time of taxation.

Time of taxation is date of issuance of completion certificate for the project, where required, by the competent authority or on its first occupation, whichever is earlier.

IN BOTH THE CASES I MENTIONED ABOVE?

As per Notification 4/2019 CT (Rate) inserting entry no. 41A Notification 12/2017 CT(rate) : That Transfer of TDR from landowner to developer in relation to residential project are FULLY EXEMPTED TO THE EXTENT OF ALL RESIDENTIAL APARTMENTS WHOCH ARE SOLD PRIOR TO COMPLETION CERTIFICATE OBTAINED. .
To the Extent of Unsold apartments in the project, PROPORTIONATE TAX would have to paid on the VALUE OF TRANSFER OF SUCH RIGHTS (TDR) BY DEVELOPER under RCM .

So sh Dhiraj Lal ji is correct. GST On TDR before completions is exempted & After Completion it is taxable on the value of unsold flats .

Formula prescribed to calculate RCM on TDR :
GST on TDR X Catpet Area of Unbooked apartments in project X 18% ÷ Total carpet area of apartments in project.

Or
Value of residential Apartments Remaining Un-booked X 5%

So value computed as per above the value is lower is considered .

Sir @ pankaj ji
Very well explained . 🙏

You are welcome dear

For commercial project not sold before cc. What is tdr percentage? Whether it's eligible