Facts:
- JDA registered in Aug 2017. 6 floor commercial property construction.
- Developer completed construction in Dec 2021.
- Occupancy certificate received in Jan 2022.
- Developer issued allotment letter in March 2022.
Valuation:
- Valuation of the constructed area as per the local registration office is Rs.2000 per sq ft.
- But developer sold his share of the ground floor of the commercial Constuction to his buyers for Rs.8000. Their registration value to their is Rs.8000 per sq ft.
- Landlords did not sell any part of their share
Question(s):
The value of the constructed area differs from floor to floor in a commercial construction. If ground floor is Rs.8000 per sq ft the the price for each subsequence floor is less than Rs.8000
Ground Floor: Rs.8000 per sqft
1st Floor: Rs.7000 per sqft
2nd Floor: Rs.6000 per sqft
3rd floor : Rs.5000 per sqft
4th floor: Rs.4000 per sqft
5th floor: Rs.3000 per sqft
6th floor: Rs.2000 per sqft
- In such a scenario how will the value of the property be calculated for levy of GST for landlords ?
- Is there a possibility or is it as per GST law if the GST dept values the entire 6 floors square footage at Rs.8000 per sq ft ?
- How will the GST dept determine the value of square footage on each floor for landlords ?
- Are there any GST tribunal decisions on this subject matter ?