after b.u.permission
asif shaikh (190 Points)
22 July 2018asif shaikh (190 Points)
22 July 2018
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 22 July 2018
flats after issuance
of completion certificate without payment of GST in terms of
clause 5 of schedule-III to CGST Act are exempt supplies
As per section 17 . Input Tax credit is restricted to the amount as is attributable to taxable Supplies.
So , Offcourse you have to reverse the ITC claim on flat will reverse when sold after B.U permission or completion certificate.
Note: method of attribution of eligible ITC has been prescribed in Rule 42
Sivaraman A R
(.)
(1040 Points)
Replied 13 January 2019
Yes. Flats sold after CC and for which entrire consideration is received after CC is not a supply as per GST (Schedule 3).
So as per section 17(2), Input tax credit already availed in respect of those flats are to be reversed.
Rule 42 applies. But the phrase "intended to be used" and "tax period" may create confusion on calculation when exactly followed Rule 42.