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In case of purchase of TDR i.e. Transfer of Development Rights, where the owner of the Land is not the same person from whom we have purchased this Rights and the consideration is paid in cash. Whether RCM under GST will be applicable in the above case? Please provide us the clarity on the above case with reference to Notification No.

 

Reply- W.e.f. 01.04.2019, services supplied by any person by way of transfer of development rights or Floor Space Index (FSI) (including additional FSI) for construction of a project by a promoter is attracted provision of reverse charge, the promoter is liable to pay tax under reverse charge.

Refer notification No.05/2019-Central Tax (Rate)] Dated: 29th March, 2019.

This provision is applicable to any person not only for a landowner. However, development rights can only be transferred by the owner of land.

 

Posted Date: Sep 19, 2020
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