Landowner entitled gst collection/filling jv or dev.agreem

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 If the land owner gets 50 % of Flats (3 out of 6) from Developer, (as per Dev.Agreement / JV), and   further as per the same, land owner sales  those 3 to different home buyers , who is entitled to get GST (either 12 % or 18%)from those home buyers, either Land owner or Developer? Further is land owner is liable to fine GST returns? as developer will be showing / filling his GST returns on purchases of  building materials and services on ENTIRE 100% or 6 flats

Replies (2)

Here treatment in both the cases as JV and  land owner as investor will differ.

In case of JV, it will be treated as AOP.

While as just land owner receiving flats in lieu of land........ land owner cannot levy GST. In this case only developer will charge GST over 3 number of flats, which he sells and the services provided to land owner.

 As the ENTIRE SERVICES  were rendered alongwith EXPERTISE & EXPENSES by  DEVELOPER, but in case SELLING of balnace 3 flats, he has NO ROLE to PLAY (may be as consentor if required by banks),  so can land owner ask / collect GST while selling his(ENTILTED) 3 flats ,   AS There were NO EXPENSES done by LAND OWNER,  will  he be FILLING GST returns ? how much % GST land owner  has to PAY to the  authority, secondly GST paid for services and purchase of materials  for 6 flats has to be matched by DEVELOPER  for  GST collected  from home buyersof 3 flats (his entitled share). there is  ambiguity , that is what I feel..EXPERTS comment in such conditions are INVITED

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