GST Case Law

GST ON INFRASTRUCTURE DEVELOPMENT, COMMON AMENITES & FACILITIES CHARGES AT SALE OF PLOT-(GST AAR KARNATAKA)

GST ON INFRASTRUCTURE DEVELOPMENT, COMMON AMENITES & FACILITIES CHARGES AT SALE OF PLOT-(GST AAR KARNATAKA)

KARNATAKA AUTHORITY FOR ADVANCE RULING 

GOODS AND SERVICES TAX

Godrej Properties Limited (GST AAR Karnataka)

Advance Ruling No. KAR ADRG 19/2023

Date of Judgement/Order: 26th April 2023

RULING

(1)

(a) The applicant is not liable to charge GST on sale of plot, if the booking of plot, receipt of consideration and agreement for sale is entered as well as sale deed is executed after the release certificate.

(b) The applicant is not liable to charge GST on Basic Infrastructure Development charges if the booking of plot, receipt of consideration and agreement for sale is entered as well as sale deed is executed after the release certificate.

(c) The applicant is liable to charge GST on Other common amenities and facilities charges if the booking of plot, receipt of consideration and agreement for sale is entered as well as sale deed is executed after the release certificate.

(2)

(a) the applicant is not liable to charge GST on sale of plot, if the booking of plot and / or receipt of consideration and/or agreement for sale is entered prior to the release certificate and sale deed is executed after receipt of release certificate.

(b) the applicant is not liable to charge GST on Basic Infrastructure Development charges, if the booking of plot and / or receipt of consideration and/or agreement for sale is entered prior to the release certificate and sale deed is executed after receipt of release certificate.

(c) the applicant is liable to charge GST on Other common amenities and facilities charges, if the booking of plot and / or receipt of consideration and/ or agreement for sale is entered prior to the release certificate and sale deed is executed afier receipt of release certificate.

(3) If the sale price is a consolidated price, then charges proportionate to common amenities and facilities charges are applicable to GST.

 

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