The project is an ongoing project as the construction was started on the land measuring 5.00 Acre before 31.03.2019. Therefore, the rate of tax applicable in respect of flat over land measuring 5.00 Acre is 12%(With Input + Land Abatement) as the applicant submitted an option to pay GST at old effective rate of 8% and 12% with ITC.
Whereas the project over land measuring 4.1125 Licence No. 82/2018 is not an ongoing project as per the Notification No. 03/2019- CT(Rate). Hence, the applicable rate of tax is 0.5%+0.5% (without Input Tax Credit).
Authority for Advance Ruling — Supply of Chassis and Bus body building Services – The applicant engaged in development of commercial properties and had launched an Affordable Housing Project on 01.12.2015 under the scheme approved by the Government of Haryana. The applicant was granted License No.11 of 2014 dated 10.06.2014 for development of affordable colony on the land measuring 5.00 acres. The applicant started construction of flats before 01.04.2019 and the bookings in respect of flats over this land were also made in the pre-GST period. Lateron a separate License No.82 of 2018 for the construction of flats on the land measuring 4.36875 Acre was granted on 06.12.2018. The building plan in respect of the second project was approved on 27.05.2019.The applicant sought an advance ruling as to whether the applicant is to pay tax @ 12% (after availing land abatement) availing the input tax & as provided under notification 11 & 17 of 2017; the applicant is to pay tax 1% as provided under notification 3 & 4 of 2019 under CGST Act.
Held that:- The Hon’ble Authority ruled that the project with respect to License No.11 dated 10.06.2014 is an ongoing project as the construction was started on the land measuring 5.00 Acre before 31.03.2019. Therefore, the rate of tax applicable in respect of flat over land measuring 5.00 Acre is 12% (With Input + Land Abatement) in view of the Notification No.20/2017-Central Tax(Rate) dated 22.08.2017. Whereas the project over land measuring 4.1125 Licence No. 82/2018 is not an ongoing project as per the Notification No. 03/2019- CT(Rate). Hence, the applicable rate of tax is 0.5%+0.5% (without Input Tax Credit).
The project is an ongoing project as the construction was started on the land measuring 5.00 Acre before 31.03.2019. Therefore, the rate of tax applicable in respect of flat over land measuring 5.00 Acre is 12%(With Input + Land Abatement) as the applicant submitted an option to pay GST at old effective rate of 8% and 12% with ITC.
Whereas the project over land measuring 4.1125 Licence No. 82/2018 is not an ongoing project as per the Notification No. 03/2019- CT(Rate). Hence, the applicable rate of tax is 0.5%+0.5% (without Input Tax Credit).
Authority for Advance Ruling — Supply of Chassis and Bus body building Services – The applicant engaged in development of commercial properties and had launched an Affordable Housing Project on 01.12.2015 under the scheme approved by the Government of Haryana. The applicant was granted License No.11 of 2014 dated 10.06.2014 for development of affordable colony on the land measuring 5.00 acres. The applicant started construction of flats before 01.04.2019 and the bookings in respect of flats over this land were also made in the pre-GST period. Lateron a separate License No.82 of 2018 for the construction of flats on the land measuring 4.36875 Acre was granted on 06.12.2018. The building plan in respect of the second project was approved on 27.05.2019.The applicant sought an advance ruling as to whether the applicant is to pay tax @ 12% (after availing land abatement) availing the input tax & as provided under notification 11 & 17 of 2017; the applicant is to pay tax 1% as provided under notification 3 & 4 of 2019 under CGST Act.
Held that:- The Hon’ble Authority ruled that the project with respect to License No.11 dated 10.06.2014 is an ongoing project as the construction was started on the land measuring 5.00 Acre before 31.03.2019. Therefore, the rate of tax applicable in respect of flat over land measuring 5.00 Acre is 12% (With Input + Land Abatement) in view of the Notification No.20/2017-Central Tax(Rate) dated 22.08.2017. Whereas the project over land measuring 4.1125 Licence No. 82/2018 is not an ongoing project as per the Notification No. 03/2019- CT(Rate). Hence, the applicable rate of tax is 0.5%+0.5% (without Input Tax Credit).