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The tax rate applicable on the supply of construction service to the land owner in lieu of transfer of development rights to the promoters portion is liable to tax at 18% GST and since the applicant is capitalizing his portion of the building as an immovable property, the applicant is not eligible to claim input tax credit on the inputs and input services to the extent used for such construction as per section 17(5)(d) of the CGST Act, 2017.

Rate of Tax — The applicant stated that as a construction service provider is eligible to utilise the ITC relating to the construction activities against the output tax payable on renting of commercial space. The Authority ruled out that the tax rate applicable on the supply of construction service to the land owner in lieu of transfer of development rights to the promoters portion is liable to tax at 18% GST and since the applicant is capitalizing his portion of the building as an immovable property, the applicant is not eligible to claim input tax credit on the inputs and input services to the extent used for such construction as per section 17(5)(d) of the CGST Act, 2017. — Teamview Developers LLP, In Re… [2019] 16 TAXLOK.COM 153 (AAR-Karnataka)