Annual Return

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 

Suggest to show under GSTR 9 as non-GST supply. 

Going forward upload GSTR 3B & GSTR 1 accurately. (As there is no revenue implication here)