banner_ad

Real Estate Project (5% with ITC) or Construction Service (18% without ITC)

666 views 1 replies

Promoter (Builder) has obtained right to develop a villa project (say12 villa) in the land of Land owner

Then promoter (Builder) entered into Sale agreement with ULTIMATE BUYER.

Parties in the sale agreement

Only 2 parties (1. Builder)  (2. Ultimate Buyer)

Sale agreement states as follows

  1. One VILLA COST IS Rs 44 lakhs (Split up given Rs 10 lakh LAND & Rs 34 Lakh Construction Service)
  2. ULTIMATE BUYER has to pay Rs 10 lakh directly to the Land owner
  3. ULTIMATE BUYER has to pay Rs 34 lakh to Builder.

Project registered under RERA. Builder is Promoter

Question from the point of view of Promoter Builder

  1. What will be the turnover of builder here?
  2. Will this come under RREP( Residential Real Estate Project)? (Concessional GST 5% without ITC)
  3. Or is this coming under construction Service (GST 18% with ITC)
Replies (1)

IMO this will not be considered as a construction service. In case of construction service the client approaches the service provider only for getting the construction done. But in case of a real estate project the client approaches the developer for buying a property which is both construction + land. Irrespective of how you make the agreement it will still fall under real estate. 

Since I belive that this is falling under Real Estate the tax rate will be 5% without taking credit. 

But for better understanding the entire agreement between the builder and landowner and then the agreement between builder and buyer has to be reviewed. 

CA Praveen M R
www.prsrglobal.com


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 29 April 2026
Manager- Finance and Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 02 May 2026
Senior Executive

hitesh chandwani & co

Pune

B.Com

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details