Real Estate Project (5% with ITC) or Construction Service (18% without ITC)

Sivaraman A R (.) (1040 Points)

25 February 2023  

Promoter (Builder) has obtained right to develop a villa project (say12 villa) in the land of Land owner

Then promoter (Builder) entered into Sale agreement with ULTIMATE BUYER.

Parties in the sale agreement

Only 2 parties (1. Builder)  (2. Ultimate Buyer)

Sale agreement states as follows

  1. One VILLA COST IS Rs 44 lakhs (Split up given Rs 10 lakh LAND & Rs 34 Lakh Construction Service)
  2. ULTIMATE BUYER has to pay Rs 10 lakh directly to the Land owner
  3. ULTIMATE BUYER has to pay Rs 34 lakh to Builder.

Project registered under RERA. Builder is Promoter

Question from the point of view of Promoter Builder

  1. What will be the turnover of builder here?
  2. Will this come under RREP( Residential Real Estate Project)? (Concessional GST 5% without ITC)
  3. Or is this coming under construction Service (GST 18% with ITC)