GST on Joint Development Agreement(JDA)
Pankaj Arora (Learner) (3134 Points)
14 April 2019Pankaj Arora (Learner) (3134 Points)
14 April 2019
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(177824 Points)
Replied 14 April 2019
As per the Notification No. 03/2019 dated 29/03/2019 GST on supply of constructed area given to the Land Owner in consideration of the development right is continues liable to GST.
Time of supply: –
As per the Notification No.06/2019 dated 29/03/2019 a promoter who receives development rights or Floor Space Index (FSI) (including additional FSI) for construction of a project against consideration payable or paid by him, wholly or partly, in the form of construction service of commercial or residential apartments in the project or in any other form including in cash the liability to pay GST shall arise on the date of issuance of completion certificate or on its first occupation, whichever is earlier
Value of Supply: –
GST will be charged on total Amount charged for similar apartments in the project from the independent buyers, nearest to the date on which such development right or FSI (including additional FSI) is transferred to the promoter, less the value of transfer of land, if any.
Rate:-
GST will be paid @ 1% or 5% as the case may be.
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 14 April 2019
Rajan
(AGM - A&F)
(26 Points)
Replied 02 January 2020
What if the project initiated in 2017 and completion certificate received before 31st March 2019 and handing over possession to customers happens in June 2019.. There are unsold flats of Land owner on the completion date of march which got sold after 1st April as immovable property without GST and reversed proportionate ITC in books/returns. Now what is the GST on construction service to be calculated.