Whether amount forfeited on account of breach of sale of land agreement taxable under GST

Last updated: 29 September 2021

Save Share

Quick Summary

The Gujarat Authority of Advance Ruling (GAAR) has ruled that a forfeited deposit due to a breach of a land sale agreement is taxable under GST. The ruling clarified that the forfeited amount was not for the sale of land itself (which is outside GST's scope), but rather for the buyer's failure to fulfil the agreement. This failure was deemed a 'supply' under the GST Act, specifically relating to tolerating an act or situation, making it liable for GST.

Court :
Gujarat Authority of Advance Ruling (GAAR)

Brief :
In M/s. Fastrack Deal Comm Pvt. Ltd. [ADVANCE RULING NO. GUJ/GAAR/R/58/2020 dated July 30, 2020] M/s. Fastrack Deal Comm Pvt. Ltd. ("the Applicant") after entering into a sale agreement to sell a factory land to a "Mr.B" for a consideration didn't receive 80% of the value of consideration due to which has filed the current application seeking clarification of whether 20% the amount forfeited on account of breach of agreement of sale of land is liable to Goods and Services Tax ("GST") or not.

Citation :
ADVANCE RULING NO. GUJ/GAAR/R/58/2020 dated July 30, 2020

Daily Limit Reached

You have reached your daily limit of 2 Free Judgements

Subscribe to CCI PRO for unlimited access

Why Upgrade to CCI PRO?

No Ads
WhatsApp Community
Daily E-Newsletter
Unlimited Judgements Access
Profile Visitors
Link Social Profiles
Featured Job Posts
Pro Badge
Expert GST Guidance
Unlimited Forum Replies
Download Content in PDF

1 Year PLAN - Rs.~~1999~~

1799

(Excl. of GST ₹323)

2 Years PLAN - Rs.~~3499~~

3149

(Excl. of GST ₹566)

BEST VALUE

3 Years PLAN - Rs.~~4999~~

4499

(Excl. of GST ₹809)

View all CCI PRO benefits

Already a PRO member? Login here for an ad-free experience. 07941056694

241 Views Comment Share GST Report

Judgement posted by

Bimal Jain

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

View Judgements

Comments