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Real estate business

19 April 2020

A person is engaged in real estate buisness, but he is not the owner of the land, he only construct the banglow and sale to the customers. Now what rate can he charge from the customer and whether he can claim the ITC ?

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4 Replies

Rajkumar Patel (602 Points)
Replied 19 April 2020

In normal case, ITC on immovable property except plant and machinary are blocked credit u/s 17(5) but such property use in futher supplies than ITC on such property can claim as if it is claim in normal case

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Jyothsna KAKILETI (39 Points)
Replied 19 April 2020

The sale of flats will be charged at the rate of 5% and he cannot claim ITC

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Pankaj Rawat (GST Practitioner) (55052 Points)
Replied 19 April 2020

The rate is 5% GST without ITC. But it's Applicable, where he received the entire Consideration for banglow sold after obtained the Completion Certificate.

can you clarify "he is not the owner of Land" then how he can sell the banglow., there must be having Joint development agreement with Landlord ..

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