GST input query on Real Estate

Arup Ghosh (48 Points)

08 June 2017  
Situation – 1: Construction is at finishing stage. 90% Bills already raised and maximum Payments also collected by the developer. Balance 10% is payable on Possession of the Unit. Possession of Unit is expected to be in the month of August, 2017 (in GST Era).

Qns 1. For calculating Inputs:- Can we consider unsold units on which GST can be charged from the customers before CC for availing Input credits?

For a developer any unsold units are considered as stock which may be semi finished or nearing completion and it is not considered as immovable property till CC is obtained from KMC. So can we say that whatever materials developers have purchase to make that semi finished stock input will be available? If Yes then can we say that after 1st July 2016 whatever Vat or excise bill or invoice is with a developer, which have gone for making of the unsold stock (flats or offices), input can be availed on that?

Also what is the position in case of sold units which goes into to GST regime in which part payments (e.g. 10%) are realized as GST from the buyers of sold units?

How to identify or Calculate Input Credit Figures on these two cases?