Conext: Time of supply of services delivered via registered ( before 2019 Apr 1 ) JDA to construct a commercial real estate project.
Facts:
1. JDA registered in 2017 August
2.JDA provides details of respective shares of developer and landlord
3.Project completed in 20224. No conveyance deed or allotment letter issue by developer
5. Occupancy certificate received in Jan 2022 from municipal corporation.6. Landlord shares mutated in their names based on occupancy certificate and registered JDA.
6. Current Status: Property rented out to a business since June 2021 i.e. even before the constrcution was ready. Rent started from April 2023.
Questions:
What is time of supply i.e. point of taxation for GST ti be paid by landlord ?
Will liability to pay GST be in the financial year when the JDA was registered or will iit be in the year when occupancy certificate is received ?
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