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In case of real estate project, how the GST will be charged on payment received from customer after getting completion certificate from Authority from following customer - 1. Payment received from customer who booked the flat before getting the completion certificate. 2. Payment received from customer who booked the flat after getting the completion certificate.

In case of real estate project, how the GST will be charged on payment received from customer after getting completion certificate from Authority from following customer - 1. Payment received from customer who booked the flat before getting the completion certificate. 2. Payment received from customer who booked the flat after getting the completion certificate.

Reply—If property is sold before completion certificate it would be considered as supply of services. Refer Schedule II para 5 of CGST Act. The liability to pay taxes on services shall arise at the time of supply,as determined in accordance with the provisions of section 13 of CGST Act. 

Construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, where the Entire consideration has been received after issuance of Completion certificate, where required, by the competent authority or after its First occupation, whichever is earlier shall be treated neither as supply of goods nor supply of services. Accordingly GST will not applicable.

Entire consideration should be received after completion certificate for claiming exemption. Flat for which booking amount received before issue of completion certificate will attract GST on full value even if part of consideration received after receipt of completion certificate.

Posted Date: Nov 05, 2020
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