Sale of small plots of land with development work is not taxable under GST

Last updated: 27 March 2023

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The Karnataka Appellate Authority for Advance Ruling (AAAR) has confirmed that the sale of small plots of land, even with development work like roads and utilities, is not subject to GST. The AAAR stated that such transactions fall under 'sale of land' as per Schedule III of the CGST Act, making them neither a supply of goods nor services. Any consideration received is for the land itself, not for development services provided to the buyer.

Court :
AAAR, Karnataka

Brief :
The AAAR, Karnataka, in the matter of M/s. Ms. Rabia Khanum [KAR/AAAR /02/2023 dated February 14, 2023] has upheld the advance ruling passed by AAR, Karnataka and held that the amounts received by the assessee due to the consideration, advance received on the sale of small plots which have the development work are not taxable under GST. Stated that, the sale of land developed by the assessee falls under the scope of the term "sale of land" as mentioned in Entry 5 of Schedule III of the Central Goods and Services Tax Act, 2017 ("the CGST Act"), hence it is not taxable.

Citation :
KAR/AAAR /02/2023 dated February 14, 2023

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