The sale of developed land, by the applicant as per the facts provided by him where the development work is limited to providing common amenities and no development work will be done by the applicant after the sale of the developed land and if no advance from the customer for undertaking development activities is taken then it does not constitute a supply within the meaning of Section 7 of the GST Laws and therefore GST is not applicable on such sale.
Levy of GST— Section 7 of CGST Act— In the instant case, the applicant is a Public Sector Undertaking. The applicant seeks Advance Ruling on the following questions;
I) whether GST is applicable on sale of developed plot of land for which consideration is received before the issuance of completion certificate
II) What is applicable rate of GST on the above Supply, if it is supply of goods or supply or both?
III) What is HSN or SAC of GST on the above Supply, if it is supply of goods of supply or both?
IV) What is the Entry No of the Notification on the above supply or activities or transactions?
V) If answer to the Question No I is decided as supply of goods or services or both, whether the actual value of Land as per Government Guidelines can be excluded from the Total Consideration
VI) If answer to the Question No V is negative and answer to the Question No. I is decided as supply of goods or services or both, whether the benefit of Para-Z of Notification No 11/2017 dated 28-06-2017 regarding l/3rd abatement/exclusion on account of the value of transfer of land or undivided share of land from the total amount charged is available to the applicant?
Held that— I regarding applicability of GST on sale of developed land (the applicant has declared that no completion certificate is required for the project) for the reasons stated above, it is ruled that the sale of developed land, by the applicant as per the facts provided by him where the development work is limited to providing common amenities ( common drainage, water line, electricity line, land levelling, road and street light) and no development work will be done by the applicant after the sale of the developed land and if no advance from the customer for undertaking development activities is taken then it does not constitute a supply within the meaning of Section 7 of the GST Laws and therefore GST is not applicable on such sale.
In respect of the other questions raised, in light of the ruling regarding Question - I, they have become redundant and therefore no ruling is required to be passed in respect of other questions raised.
The sale of developed land, by the applicant as per the facts provided by him where the development work is limited to providing common amenities and no development work will be done by the applicant after the sale of the developed land and if no advance from the customer for undertaking development activities is taken then it does not constitute a supply within the meaning of Section 7 of the GST Laws and therefore GST is not applicable on such sale.
Levy of GST— Section 7 of CGST Act— In the instant case, the applicant is a Public Sector Undertaking. The applicant seeks Advance Ruling on the following questions;
I) whether GST is applicable on sale of developed plot of land for which consideration is received before the issuance of completion certificate
II) What is applicable rate of GST on the above Supply, if it is supply of goods or supply or both?
III) What is HSN or SAC of GST on the above Supply, if it is supply of goods of supply or both?
IV) What is the Entry No of the Notification on the above supply or activities or transactions?
V) If answer to the Question No I is decided as supply of goods or services or both, whether the actual value of Land as per Government Guidelines can be excluded from the Total Consideration
VI) If answer to the Question No V is negative and answer to the Question No. I is decided as supply of goods or services or both, whether the benefit of Para-Z of Notification No 11/2017 dated 28-06-2017 regarding l/3rd abatement/exclusion on account of the value of transfer of land or undivided share of land from the total amount charged is available to the applicant?
Held that— I regarding applicability of GST on sale of developed land (the applicant has declared that no completion certificate is required for the project) for the reasons stated above, it is ruled that the sale of developed land, by the applicant as per the facts provided by him where the development work is limited to providing common amenities ( common drainage, water line, electricity line, land levelling, road and street light) and no development work will be done by the applicant after the sale of the developed land and if no advance from the customer for undertaking development activities is taken then it does not constitute a supply within the meaning of Section 7 of the GST Laws and therefore GST is not applicable on such sale.
In respect of the other questions raised, in light of the ruling regarding Question - I, they have become redundant and therefore no ruling is required to be passed in respect of other questions raised.