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GST on flat sold after completion certificate

mahan (self) (88 Points)

31 May 2024

Builder Developer insists on GST payment by buyer on flat being sold after completion certificate, even though GST is not applicable on sale after completion certificate.

Whether builder can give GST invoice or receipt showing GST, for flat sold after completion certificate?

How to do the deal?

how to complain?, to whom to complain ?

how to get refund of GST so paid?

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8 Replies

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (180260 Points)
Replied 01 June 2024

Get copy of completion certificate....

Show it to builder and ask if his demand of GST as per act being genuine? Can threat him to complaint it with local GST office!!

In any case, he cannot issue receipt of the amount so collected.

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sabyasachi mukherjee (27595 Points)
Replied 01 June 2024

If completion certificate is there do not worry

CA Sachin M Jain (CA | GST | Refunds | Advisory | Litigation) (1351 Points)
Replied 01 June 2024

Yes, no GST is chargeable on sale of flats / units after completion / occupancy certificate issued.
however, GST is chargeable on flats / units sold before completion / occupancy certificate issued even when payments ( installments) are made after issue of completion / occupancy certificate.

For more details -
CA Sachin M Jain .8O975. l5447

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Harshad (hnm) (41 Points)
Replied 02 June 2024

If the builder is charging Gst means oc is not received.

sabyasachi mukherjee (27595 Points)
Replied 02 June 2024

If completion certificate is there no gst

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CA Altamush Zafar (GST Consultant) (15971 Points)
Replied 03 June 2024

If the any amount including booking amount was given before completion certificate then GST will be applicable on the whole amount. Otherwise no GST payable.
For detailed opinion you can DM me

shruti sharma (54 Points)
Replied 16 June 2024

Hello Mahan

If you have given any amount to the builder as advances before receiving the completion certificate, you will still be liable to pay tax even after receiving the CC.

shashikant (Employed ) (170 Points)
Replied 17 June 2024

Hi ..

You can raise a complaint against Builder developer to RERA Authority being post completion of project & getting a completion certificate collected GST from customer/buyer (buyer is here "Mahan"") which is not suppose to collect the GST..

Thanks

Shashikant