a small level builder making residential flats and selling the same after completion and again performing the same activity
is gst liable to be registered?
Replies (7)
Quick Summary
This discussion explores whether small level builders constructing and selling residential flats are liable for GST. Generally, the sale of a completed building is considered neither a supply of goods nor services under Schedule III of the CGST Act, meaning GST is not applicable. However, if any payment is received before the completion certificate is obtained, GST may be levied on the construction services.
As per Para 5 of SCHEDULE III of the CGST Act 2017, "Sale of Land and subject to clause (b) of Para 5 of Schedule II, Sale of Building" is neither treated as Supply of Goods nor Supply of Services.
Hence GST is not applicable on Sale of Completed Building.
If in such areas like kachhi colony type where no such completion certificate is required to sale flats and if any person buy a flat at 90% completion work and give token money say 10% and rest at time of registration. in this case what will be the scenario.
Please ensure that he has not taken any amount before completion of property, if he took any amout then GST should be levied.. otherwise Gst shall not be levied
If agreement is made before completion of building for the same of building after completion it would lead to supply of construction service and GST would be leviable. However if agreement made after completion certificate or OC obtained it willl be a schedule III transaction and no GST would be applicable
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