Latest GST Judgments

For Full Access To All Latest Judgments on GST
Click Here To Subscribe Now
Take a tour of our GST Library

Since applicant stated that they didn’t receive Completion Certificate in respect of their residential building, selling of residential flats is not exempt supply

Levy of GST-- In the instant case, applicant submitted that they are engaged in construction business. the applicant sought Advance Ruling on the following questions:

I Whether selling of residential flats after date of completion certificate of commercial shops or after first occupancy in building is exempt supply?

II Manner of reversal of ITC on expenses incurred up to date of completion certificate shops.

III Manner of claiming ITC on expenses incurred after date of completion certificate of commercial shops.

Held that-- Since no Building used permission has been issued by the competent authority in respect of residential flat and since no residential unit has been occupied by prospective buyer, supply of residential flats shall be treated as supply of service in terms Para 5(b) of Schedule II of CGST Act, 2017.

With regard to second question, it is to rule that the manner of reversal of ITC on expenses incurred up to date of completion certificate shops is provided in Rule 42 and Rule 43 of CGST Act, 2017 read with Notification No.16/2019-CT dated 29.03.2019.

The third question is regarding the manner of claiming ITC on expenses incurred after date of completion certificate of commercial shops. In this regard manner of claiming Input Tax Credit have been provided under Sections 16 and 17 of CGST Act, 2017.—V 2 Realty, In Re… [2020] 26 TAXLOK.COM 096 (AAR-Gujarat)