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Annual Return

Suman Sarkar (Accountant) (124 Points)

24 January 2019

We are developer of real estate property.In FY-2017-18 we have made some sale of ready to move flat after getting clearance certificate.So we did not paid any gst against this sales.Now my query is how would I clarify this in annual return? In all gstr3b and gstr1 we have filed nil return during FY-2017-18.

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6 Replies

Pankaj Rawat (GST Practitioner) (55052 Points)
Replied 24 January 2019

As per Order 2/2018 Any ommision & Rectification can be done till 31/03/2019 for fy 2017-18 hence report all your missed sale in your current GSTR 3b & Gstr 1 & deposit tax @ 18 interest

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Vinod Babu (24191 Points)
Replied 24 January 2019

Agree with Pankaj sir view...

Suman Sarkar (Accountant) (124 Points)
Replied 25 January 2019

sir if u plz tell me the process how to do it....when I am opening portal there is no option available for that...As I already filed wrong gstr3b and gstr1 status is showing filed now how to rectify it...process plz...

CA Akshay Hiregange (Partner - Audit & Assistance) (4515 Points)
Replied 25 January 2019

Dear Suman,

Schedule III clause 5 of CGST Act considers sale of building as neither a supply of goods or service under GST, i.e. it is a non-GST supply.

This requires to be shown under Table 3.1.(e) of GSTR 3B and Table 8 of GSTR 1.

Notification 11/2017-CT(R) - HSN 9954 read with para 2 makes construction activity liable at 12% where the building is sold prior to obtaining completion/clearance certificate. (18% with 1/3rd exemption).

There are other rates also applicable under said chapter reference. This can be checked in CBIC website, link: https://cbec-gst.gov.in/gst-goods-services-rates.H T M L

Suman Sarkar (Accountant) (124 Points)
Replied 25 January 2019

i undrstnd sir thank you....now plz tell me I have already filed nil gstr3b and gstr1 for FY-17-18 now can I show all sale of flats in gstr9 under non gst supply?