Notification No. 03/2019 – Union Territory Tax (Rate): Seeks to amend notification No. 11/2017- Union Territory Tax (Rate) so as to notify UTGST rates of various services as recommended by Goods and Services Tax Council for real estate sector.

Important Keyword: GST, UTGST, CGST, IGST, SGST, Section 7(4)(3)(1) UTGST Act 2017, Section 8(1), Section 21(xxvii(v)(iv) UTGST Act 2017, Section 15(5) CGST Act 2017, Section 16(1) CGST Act 2017, Section 148 CGST Act 2017, Notification No. 03/2019 – Union Territory Tax (Rate), F. No.354/32/2019-TRU.

[F. No.354/32/2019-TRU]
Government of India
Ministry of Finance
(Department of Revenue)

New Delhi, the 29^th March, 2019

Notification No. 03/2019 – Union Territory Tax (Rate)

GST: [TO BE PUBLISHED IN THE GAZZETE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

G.S.R……(E).- In exercise of the powers conferred by sub-sections (1), (3) and (4) of section 7, sub-section (1) of section 8, clause (iv), clause (v) and clause (xxvii) of section 21 of the UTGST Act, 2017 (14 of 2017), read with sub-section (5) of section 15, sub-section (1) of section 16 and section 148 of the CGST Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, and on being satisfied that it is necessary in the public interest so to do,

Hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.11/2017- Union Territory Tax (Rate), dated the 28^thJune, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 702(E), dated the 28^thJune, 2017, namely:-

In the said notification, –

(i). in the opening paragraph,

• after the word, brackets and figures “conferred by sub-section (1),”, the word, brackets and figures “sub-section (3) and sub-section (4)” shall respectively be inserted;the word “and” after the words and figures “clause (iv)” shall be substituted by the symbol “,”;after the word, brackets and figures “clause (v)”, the words and figure “and clause (xxvii)” shall be inserted;the word “and” after the words and figures “sub-section (5) of section 15” shall be substituted by the symbol “,”;

• after the word, brackets and figures “section (16)”, the words and figure “and section 148” shall be inserted;

(ii). in the Table, –

• against serial number 3, for item (i), and the entries relating thereto in column (3), (4) and (5), the following items and entries shall be substituted, namely, –

Table

(b). against serial number 3, –

1. item (ii) and the entries relating thereto in columns (3), (4) and (5) shall be omitted;
2. in item (iv) in column (3), –
   • after the figures “2017”, the words, brackets, figures and letters “other than that covered by items (i), (ia), (ib), (ic), (id), (ie) and (if) above” shall be inserted;
3. in item (v) in column (3), –
   • after the figures “2017”, the words, brackets, figures and letters “other than that covered by items (i), (ia), (ib), (ic), (id), (ie) and (if) above” shall be inserted;
4. after item (v) and entries relating thereto in column (3), (4) and (5), the following items and entries shall be inserted, namely, –

5. in item (vi) in column (3), after the figures “2017”, the words, brackets, and figures “other than that covered by items (i), (ia), (ib), (ic), (id), (ie) and (if) above” shall be inserted’;

6. in item (xii) in column (3), for the entry, the following entry shall be substituted, namely: –

“(xii) Construction services other than (i), (ia), (ib), (ic), (id), (ie), (if), (iii), (iv), (v), (va), (vi), (vii), (viii), (ix), (x) and (xi) above.

Explanation. – For the removal of doubt, it is hereby clarified that, supply by way of services specified at items (i), (ia), (ib), (ic), (id), (ie) and (if) in column (3) shall attract Union Territory tax prescribed against them in column (4) subject to conditions specified against them in column (5) and shall not be levied at the rate as specified under this entry.”;

(c). against serial number 16,in item (ii) in column (3), for the word, brackets and letters “sub-item (b), sub-item (c), sub-item (d), sub-item (da) and sub-item (db) of item (iv); sub-item (b), sub-item (c), sub-item(d) and sub-item (da)of item (v); and sub-item (c) of item (vi)”, the word, brackets figures and letters “ (i) (ia), (ib), (ic), (id), (ie) and (if)” shall be substituted;

(d). after serial number 38 in column (1) and the entries relating thereto in column (2), (3), (4) and (5) the following serial number and entries shall be inserted, namely: –

(iii). in paragraph 2,-

• for the words, brackets, letters and figures “sub-item (b), sub-item (c), sub-item (d), sub-item (da) and sub-item (db) of item (iv); sub-item (b), sub-item (c), sub-item (d) and sub-item (da) of item (v); and sub-item (c) of item (vi),” the word, brackets, letters and figures “ (i) (ia), (ib), (ic), (id), (ie) and (if)” shall be substituted;
• in the Explanation, after the words “this paragraph” the words “and paragraph 2A below” shall be inserted;

(iv). after paragraph 2, the following paragraph shall be inserted, namely, –

“2A. Where a registered person transfers development right or FSI (including additional FSI) to a promoter against consideration, wholly or partly, in the form of construction of apartments, the value of construction service in respect of such apartments shall be deemed to be equal to the Total Amount charged for similar apartments in the project from the independent buyers,

other than the person transferring the development right or FSI (including additional FSI), nearest to the date on which such development right or FSI (including additional FSI) is transferred to the promoter, less the value of transfer of land, if any, as prescribed in paragraph 2 above.”

(v). in paragraph 4 relating to Explanation, after clause (xii), the following clauses shall be inserted, namely: –

“(xiii) an apartment booked on or before the 31^st March, 2019 shall mean an apartment which meets all the following three conditions, namely-

(a) part of supply of construction of which has time of supply on or before the 31^st March, 2019 and (b) at least one instalment has been credited to the bank account of the registered person on or before the 31^st March, 2019 and (c) an allotment letter or sale agreement or any other similar document evidencing booking of the apartment has been issued on or before the 31^st March, 2019;

(xiv) the term “apartment” shall have the same meaning as assigned to it in clause (e) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);

(xv) the term “project” shall mean a Real Estate Project or a Residential Real Estate Project;

(xvi) the term “affordable residential apartment” shall mean, –

(a). a residential apartment in a project which commences on or after 1^st April, 2019, or in an ongoing project in respect of which the promoter has not exercised option in the prescribed form to pay Union Territory tax on construction of apartments at the rates as specified for item (ie) or (if) against serial number 3,

as the case may be, having carpet area not exceeding 60 square meter in metropolitan cities or 90 square meter in cities or towns other than metropolitan cities and for which the gross amount charged is not more than forty five lakhs rupees.

For the purpose of this clause, –

• Metropolitan cities are Bengaluru, Chennai, Delhi NCR (limited to Delhi, Noida, Greater Noida, Ghaziabad, Gurgaon, Faridabad), Hyderabad, Kolkata and Mumbai (whole of MMR) with their respective geographical limits prescribed by an order issued by the Central or State Government in this regard;

• Gross amount shall be the sum total of; –
  • Consideration charged for the services specified at item (i) and (ic) in column (3) against sl. No. 3 in the Table;
  • Amount charged for the transfer of land or undivided share of land, as the case may be including by way of lease or sub lease; and
  • Any other amount charged by the promoter from the buyer of the apartment including preferential location charges, development charges, parking charges, common facility charges etc.;

(b). an apartment being constructed in an ongoing project under any of the schemes specified in sub-item (b), sub-item (c), sub-item (d), sub-item (da) and sub-item (db) of item (iv); sub-item (b), sub-item (c), sub-item (d) and sub-item (da) of item (v); and sub-item (c) of item (vi), against serial number 3 of the Table above,

in respect of which the promoter has not exercised option to pay Union Territory tax on construction of apartments at the rates as specified for item (ie) or (if) against serial number 3 of the Table above, as the case may be.”

(xvii) the term “promoter” shall have the same meaning as assigned to it in in clause (zk) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);

(xviii) the term “Real Estate Project (REP)” shall have the same meaning as assigned to it in in clause (zn) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);

(xix) the term “Residential Real Estate Project (RREP)” shall mean a REP in which the carpet area of the commercial apartments is not more than 15 per cent. of the total carpet area of all the apartments in the REP;

(xx) the term “ongoing project” shall mean a project which meets all the following conditions, namely-

• commencement certificate in respect of the project, where required to be issued by the competent authority, has been issued on or before 31^st March, 2019, and it is certified by any of the following that construction of the project has started on or before 31^st March, 2019:-
  • an architect registered with the Council of Architecture constituted under the Architects Act, 1972 (20 of 1972); or
  • a chartered engineer registered with the Institution of Engineers (India); or
  • a licensed surveyor of the respective local body of the city or town or village or development or planning authority.
• where commencement certificate in respect of the project, is not required to be issued by the competent authority, it is certified by any of the authorities specified in sub- clause (a) above that construction of the project has started on or before the 31^st March, 2019;
• completion certificate has not been issued or first occupation of the project has not taken place on or before the 31^st March, 2019;
• apartments being constructed under the project have been, partly or wholly, booked on or before the 31^st March, 2019.
  Explanation.- For the purpose of sub- clause (a) and (b) above , construction of a project shall be considered to have started on or before the 31^st March, 2019, if the earthwork for site preparation for the project has been completed and excavation for foundation has started on or before the 31^st March, 2019.

(xxi) “commencement certificate” means the commencement certificate or the building permit or the construction permit, by whatever name called issued by the competent authority to allow or permit the promoter to begin development works on an immovable property, as per the sanctioned plan;

(xxii) “development works” means the external development works and internal development works on immovable property;

(xxiii) “external development works” includes roads and road systems landscaping, water supply, sewage and drainage systems, electricity supply transformer, sub-station, solid waste management and disposal or any other work which may have to be executed in the periphery of, or outside, a project for its benefit, as may be provided under the local laws;

(xxiv) “internal development works” means roads, footpaths, water supply, sewers, drains, parks, tree planting, street lighting, provision for community buildings and for treatment and disposal of sewage and sullage water, solid waste management and disposal, water conservation, energy management, fire protection and fire safety requirements, social infrastructure such as educational health and other public amenities or any other work in a project for its benefit, as per sanctioned plans;

(xxv) the term “competent authority” as mentioned in definition of “commencement certificate” and “residential apartment”, means the local authority or any authority created or established under any law for the time being in force by the Central Government or State Government or Union Territory Government, which exercises authority over land under its jurisdiction, and has powers to give permission for development of such immovable property;

(xxvi) The term “carpet area” shall have the same meaning assigned to it in in clause (k) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016);

(xxvii) the term “Real Estate Regulatory Authority” shall mean the Authority established under sub- section (1) of section 20 (1) of the Real Estate (Regulation and Development) Act, 2016 (No. 16 of 2016) by the Central Government or State Government;

(xxviii) “project which commences on or after 1^st April, 2019” shall mean a project other than an ongoing project;

(xxix) “Residential apartment” shall mean an apartment intended for residential use as declared to the Real Estate Regulatory Authority or to competent authority;

(xxx) “Commercial apartment” shall mean an apartment other than a residential apartment;

(xxxi) “floor space index (FSI)” shall mean the ratio of a building’s total floor area (gross floor area) to the size of the piece of land upon which it is built;

2. This notification shall come into force with effect from the 1^st day of April, 2019.

[F. No.354/32/2019-TRU]

(Pramod Kumar) Deputy Secretary to the Government of India

Note: -The principal notification No. 11/2017 – Union Territory Tax (Rate), dated the 28^thJune, 2017 was published in the Gazette of India,

Extraordinary, vide number G.S.R. 702 (E), dated the 28^th June, 2017 and was last amended by notification No. 27/2018- Union Territory Tax (Rate), dated the 31^st December, 2018 vide number G.S.R. 1279 (E), dated the 31^st December, 2018.

GST: Annexure I

GST: Real estate project (REP) other than Residential Real estate project (RREP)

Input tax credit attributable to construction of residential portion in a real estate project (REP) other than residential real estate project (RREP), which has time of supply on or after 1^st April, 2019, shall be calculated project wise for all projects which commence on or after 1^st April, 2019 or ongoing projects in respect of which the promoter has not exercised option to pay Union Territory tax on construction of apartments at the rates as specified for item (ie) or (if) against serial number 3, as the case may be, in the prescribed manner,

before the due date for furnishing of the return for the month of September following the end of financial year 2018-19, in the following manner:

1. GST: Where % completion as on 31st March, 2019 is not zero or where there is inventory in stock

(a). Input tax credit on inputs and input services attributable to construction of residential portion in a REP, which has time of supply on or after 1^st April, 2019, may be denoted as Tx. Tx shall be calculated as under:

Tx=T-Te

Where,

• T is the total ITC availed (utilized or not) on inputs and input services used in construction of the REP from 1^st July, 2017 to 31^st March, 2019 including transitional credit taken on 1^st July, 2017;
  • Te is the eligible ITC attributable to (a) construction of commercial portion and
• construction of residential portion, in the REP which has time of supply on or before 31^st March, 2019;

(b). Te shall be calculated as under: Te=Tc+Tr

Where, –

Tc is the ITC attributable to construction of commercial portion in the REP, calculated as under:

Tc =T * (carpet area of commercial apartments in the REP/ total carpet area of commercial and residential apartments in the REP) and

Tr is the ITC attributable to construction of residential portion in the REP which has time of supply on or before 31^st March, 2019 and which shall be calculated as under,

Tr= T* F1 * F2 * F3* F4 Where, –

F1= Carpet area of residential apartments in REP/ Total carpet area of commercial and residential apartments in the REP

F2 = Total carpet area of residential apartment booked on or before 31stMarch, 2019 / Total carpet area of the residential apartment in REP

F3 = Such Value of supply of construction of residential apartments booked on or before 31stMarch, 2019 which has time of supply on or before 31stMarch, 2019 / Total value of supply of construction of residential apartments booked on or before 31stMarch, 2019

(F3 is to account for percentage invoicing of booked residential apartments)

F4= 1/ % Completion of construction as on 31^st March, 2019

Illustration: where one- fifth (twenty percent) of the construction has been completed, F4 shall be 100 ÷ 20 = 5.

Explanation: “% Completion of construction as on 31^st March, 2019” shall be the same as declared to the Real Estate Regulatory Authority in terms of section 4 and section 11 of Real Estate (Regulation and Development) Act, 2016 (16 of 2016) and where the same is not required to be declared to the Real Estate Regulatory Authority, it shall be got determined and certified by an architect registered with the Council of Architecture constituted under the Architects Act, 1972 (20 of 1972) or a chartered engineer registered with the Institution of Engineers (India).

(c). A registered person shall have the option to calculate ‘Te’ in the manner prescribed below instead of the manner prescribed in (b) above,-

Te shall be calculated as under:

Te = Tc + T1 + Tr

Where, –

Tc is the ITC attributable to construction of commercial portion in the REP, calculated as under:

Tc =T3 * (carpet area of commercial apartments in the REP/ total carpet area of commercial and residential apartments in the REP);

Wherein

T3 = T- (T1 + T2)

T1 = ITC attributable exclusively to construction of commercial portion in the REP T2 = ITC attributable exclusively to construction of residential portion in the REP and

Tr is the ITC attributable to construction of residential portion in the REP which has time of supply on or before 31.03.2019 and which shall be calculated as under,

Tr = (T3 + T2)* F1 * F2 * F3* F4

or

Tr = (T- T1)* F1 * F2 * F3* F4

(d). The amounts ‘Tx’ and ‘Te’ shall be computed separately for input tax credit of central tax, State tax, Union territory tax and integrated tax.

(e). Where, Tx is positive, i.e. Te<T, the registered person shall pay, by debit in the electronic credit ledger or electronic cash ledger, an amount equal to the difference between T and Te. Such amount shall form part of the output tax liability of the registered person and the amount shall be furnished in FORM GST ITC- 03.

Explanation: The registered person may file an application in FORM GST DRC- 20, seeking extension of time for the payment of taxes or any amount due or for allowing payment of such taxes or amount in installments in accordance with the provisions of section 80.

The commissioner may issue an order in FORM GST DRC- 21 allowing the taxable person further time to make payment and/or to pay the amount in such monthly installments, not exceeding twenty-four, as he may deem fit.

(f). Where Tx is negative, i.e. Te>T, the registered person shall be eligible to take ITC on GST received on or after 1^st April, 2019 for construction of residential portion in the REP, for which he shall not otherwise be eligible, to the extent of difference between Te and T.

(g). The registered person may calculate Tc and utilize credit to the extent of Tc for payment of tax on commercial apartments, till the complete accounting of Tx is carried out and submitted.

(h). Where percentage completion is zero but ITC has been availed on GST received for the project on or prior to 31^st March, 2019, input tax credit attributable to construction of residential portion which has time of supply on or after 1^st April, 2019, shall be calculated and the amount equal to Tx shall be paid or taken credit of,

as the case may be, as prescribed above, with the modification that percentage completion for calculation of F4 shall be taken as the percentage completion which, as certified by an architect registered with the Council of Architecture constituted under the Architects Act, 1972 (20 of 1972) or a chartered engineer registered with the Institution of Engineers (India), can be achieved with the input services received and inputs in stock as on 31^st March, 2019.

2. GST: Where % completion as on 31st March, 2019 is zero but invoicing has been done having time of supply before 31st March, 2019, and no input services or inputs have been received as on 31st March, 2019, “Te” shall be calculated as follows: –

(a). Input tax credit on inputs and input services attributable to construction of residential portion in a REP, which has time of supply on or before 31^st March, 2019 may be denoted as Te which shall be calculated as under,

Te = Tc + Tr Where, –

Tc is the ITC attributable to construction of commercial portion in the REP, calculated as under:

Tc =Tn* (carpet area of commercial apartments in the REP/ total carpet area of commercial and residential apartments in the REP) and

Tr is the ITC attributable to construction of residential portion in the REP which has time of supply on or before 31^st March, 2019 and which shall be calculated as under,

Tr = Tn* F1 * F2 * F3 Where, –

Tn= Tax paid on such inputs and input services on which ITC is available under the CGST Act, received in 2019-20 for construction of REP

F1, F2 and F3 shall be the same as in para 1 above

(b). The registered person shall be eligible to take ITC on GST received on or after 1^st April, 2019 for construction of residential portion in the REP, for which he shall not otherwise be eligible, to the extent of the amount of Te.

(c). The amount ‘Te’ shall be computed separately for input tax credit of central tax, State tax, Union territory tax and integrated tax.

3. Notwithstanding anything contained in paragraph 1 or paragraph 2 above, Te shall be determined in the following situations as under:

• where percentage invoicing is more than the percentage completion and the difference between percentage invoicing (per cent. points) and the percentage completion (per cent. points) of construction is more than 25 per cent. points; the value of percentage invoicing shall be deemed to be percentage completion plus 25 percent. points;
• where the value of invoices issued on or prior to 31^st March, 2019 exceeds the consideration actually received on or prior to 31^st March, 2019 by more than 25 per cent. of consideration actually received; the value of such invoices for the purpose of determination of percentage invoicing shall be deemed to be actual consideration received plus 25 percent. of the actual consideration received; and
• where, the value of procurement of inputs and input services   prior to 1^st April, 2019 exceeds the value of actual consumption of the inputs and input services used in the percentage of construction completed as on 31^st March, 2019 by more than 25 percent. of value of actual consumption of inputs and input services, the jurisdictional commissioner or any other officer authorized in this regard may fix the Te based on actual per unit consumption of inputs and input services based on the documents duly certified by a chartered accountant or cost accountant submitted by the promoter in this regard, applying the accepted principles of accounting.

Illustration 1 GST:

Illustration 2 GST:

(Pramod Kumar)

GST: Annexure II

GST: Residential Real estate project (RREP)

Input tax credit attributable to construction of residential and commercial portion in a Residential Real estate project (RREP), which has time of supply on or after 1^st April, 2019, shall be calculated project wise for all projects which commence on or after 1^st April, 2019 or ongoing projects in respect of which the promoter has not exercised option to pay Union Territory tax on construction of apartments at the rates as specified for item (ie) or (if) against serial number 3,

as the case may be, in the prescribed manner, before the due date for furnishing of the return for the month of September following the end of financial year 2018-19, in the following manner:

1. GST: Where % completion as on 31st March, 2019 is not zero or where there is inventory in stock

(a). Input tax credit on inputs and input services attributable to construction of residential and commercial portion in an RREP, which has time of supply on or after 1^st April, 2019, may be denoted as Tx. Tx shall be calculated as under:

Tx=T-Te

Where,

• T is the total ITC availed (utilized or not) on inputs and input services used in construction of the RREP from 1^st July, 2017 to 31^st March, 2019 including transitional credit taken on 1^st July, 2017;

• Te is the eligible ITC attributable to construction of commercial portion and construction of residential portion, in the RREP which has time of supply on or before 31^st March, 2019;

(b). Te shall be calculated as under:

Te= T* F1 * F2 * F3* F4 Where, –

F1=  Carpet area of residential and commercial apartments in the RREP / Total carpet area of apartments in the RREP

(In case of a Residential Real Estate Project, value of “F1” shall be 1.)

F2= Total carpet area of residential and commercial apartment booked on or before 31^st March, 2019 / Total carpet area of the residential and commercial apartment in the RREP

F3= Such value of supply of construction of residential and commercial apartments booked on or before 31^st March, 2019 which has time of supply on or before 31^st March, 2019 / Total value of supply of construction of residential and commercial apartments booked on or before 31^st March, 2019

(F3 is to account for percentage invoicing of booked residential apartments)

F4=  1/ % Completion of construction as on 31^st March, 2019

Illustration: where one- fifth (twenty percent) of the construction has been completed, F4 shall be 100 ÷ 20 = 5.

Explanation: “% Completion of construction as on 31^st March, 2019” shall be the same as declared to the Real Estate Regulatory Authority in terms of section 4 and section 11 of Real Estate (Regulation and Development) Act, 2016 and where the same is not required to be declared to the Real Estate Regulatory Authority,

it shall be got determined and certified by an architect registered with the Council of Architecture constituted under the Architects Act, 1972 (20 of 1972) or a chartered engineer registered with the Institution of Engineers (India).

(c) The amounts ‘Tx’ and ‘Te’ shall be computed separately for input tax credit of central tax, State tax, Union territory tax and integrated tax.

(d) Where, Tx is positive, i.e. Te < T, the registered person shall pay, by debit in the electronic credit ledger or electronic cash ledger, an amount equal to the difference between T and Te. Such amount shall form part of the output tax liability of the registered person and the amount shall be furnished in FORM GST ITC- 03.

Explanation: The registered person may file an application in FORM GST DRC- 20, seeking extension of time for the payment of taxes or any amount due or for allowing payment of such taxes or amount in installments in accordance with the provisions of section 80.

The commissioner may issue an order in FORM GST DRC- 21 allowing the taxable person further time to make payment and/or to pay the amount in such monthly installments, not exceeding twenty-four, as he may deem fit.

(e) Where, Tx is negative, i.e. Te>T, the registered person shall be eligible to take ITC on GST received on or after 1^st April, 2019 for construction of the RREP, for which he shall not otherwise be eligible, to the extent of difference between Te and T.

(f) Where percentage completion is zero but ITC has been availed on GST received for the project on or prior to 31^st March, 2019, input tax credit attributable to construction of residential and commercial portion which has time of supply on or after

1^st April, 2019, shall be calculated and the amount equal to Tx shall be paid or taken credit of, as the case may be, as prescribed above, with the modification that percentage completion for calculation of F4 shall be taken as the percentage completion which,

as certified by an architect registered with the Council of Architecture constituted under the Architects Act, 1972 (20 of 1972) or a chartered engineer registered with the Institution of Engineers (India), can be achieved with the input services received and inputs in stock as on 31^st March, 2019.

2. GST: Where % completion as on 31st March, 2019 is zero but invoicing has been done having time of supply before 31st March, 2019, and no input services or inputs have been received as on 31st March, 2019, “Te” shall be calculated as follows: –

a. Input tax credit on inputs and input services attributable to construction of residential and commercial portion in an RREP, which has time of supply on or before 31^st March, 2019 may be denoted as Te which shall be calculated as under,

Te = Tn* F1 * F2 * F3 Where, –

Tn= Tax paid on such inputs and input services on which ITC is available under the UTGST Act, received in 2019-20 for construction of residential and commercial apartments in the RREP.

F1, F2 and F3 shall be the same as in para 1 above

b. The registered person shall be eligible to take ITC on GST received on or after 1^st April, 2019 for construction of residential or commercial portion in the RREP, for which he shall not otherwise be eligible, to the extent of the amount of Te.

c. The amount ‘Te’ shall be computed separately for input tax credit of central tax, State tax, Union territory tax and integrated tax.

3. Notwithstanding anything contained in paragraph 1 or paragraph 2 above, Te shall be determined in the following situations as under:

• where percentage invoicing is more than the percentage completion and the difference between percentage invoicing (per cent. points) and the percentage completion (per cent. points) of construction is more than 25 per cent. points; the value of percentage invoicing shall be deemed to be percentage completion plus 25 percent. points;

• where the value of invoices issued on or prior to 31^st March, 2019 exceeds the consideration actually received on or prior to 31^st March, 2019 by more than 25 per cent. of consideration actually received; the value of such invoices for the purpose of determination of percentage invoicing shall be deemed to be actual consideration received plus 25 per cent. of the actual consideration received; and

• where, the value of procurement of inputs and input services   prior to 1^st April, 2019 exceeds the value of actual consumption of the inputs and input services used in the percentage of construction completed as on 31^st March, 2019 by more than 25 per cent. of value of actual consumption of inputs and input services, the jurisdictional commissioner or any other officer authorized in this regard may fix the Te based on actual per unit consumption of inputs and input services based on the documents duly certified by a chartered accountant or cost accountant submitted by the promoter in this regard, applying the accepted principles of accounting.

Illustration 1 GST:

Illustration 2 GST:

[F. No.354/32/2019-TRU]

(Pramod Kumar)

GST: Annexure III

Illustration 1 GST:

A promoter has procured following GST [other than capital goods and services by way of grant of development rights, long term lease of land or FSI] for construction of a residential real estate project during a financial year.

In this example, the promoter has procured 80 percent. of GST [other than services by way of grant of development rights, long term lease of land (against upfront payment in the form of premium, salami, development charges etc.) or FSI (including additional FSI), electricity, high speed diesel, motor spirit, natural gas], from a GST registered person.

However, he has procured cement from an unregistered supplier. Hence at the end of financial year, the promoter has to pay GST on cement at the applicable rates on reverse charge basis.

Illustration 2:

A promoter has procured following GST [other than services by way of grant of development rights, long term lease of land (against upfront payment in the form of premium, salami, development charges etc.) or

FSI (including additional FSI), electricity, high speed diesel, motor spirit, natural gas], for construction of a residential real estate project during a financial year.

In this example, the promoter has procured 80 percent. of GST including cement from a GST registered person. However, he has procured paints, aluminum windows, ply and commercial wood etc. from an unregistered supplier. Hence at the end of financial year, the promoter is not required to pay GST on inputs on reverse charge basis.

Illustration 3:

A promoter has procured following GST [other than services by way of grant of development rights, long term lease of land (against upfront payment in the form of premium, salami, development charges etc.) or

FSI (including additional FSI), electricity, high speed diesel, motor spirit, natural gas], for construction of a residential real estate project during a financial year.

In this example, the promoter has procured 50 percent. of goods and services from a GST registered person. However, he has procured sand, cement and aluminum windows, ply and commercial wood etc. from an unregistered supplier.

Thus, value of GST procured from registered suppliers during a financial year falls short of threshold limit of 80 per cent. To fulfill his tax liability on the shortfall of 30 per cent. from mandatory purchase, the promoter has to pay GST on cement at the applicable rate on reverse charge basis. After payment of GST on cement, on the remaining shortfall of 15 per cent., the promoter shall pay tax @ 18 per cent. under RCM.

[F. No.354/32/2019-TRU]

(Pramod Kumar)

Annexure IV

FORM

(Form for exercising one time option to pay tax on construction of apartments in a project by the promoters at the rate as specified for item (ie) or (if), against serial number 3 in the Table in this notification, as the case may be, by the 10^th of May, 2019)

Reference No.                                                                                                 Date                                                                

To

___________________
___________________
___________________

(To be addressed to the jurisdictional Commissioner)

1. GSTIN:
2. RERA registration Number of the Project:
3. Name of the project, if any:
4. The location details of the project, with clear demarcation of land dedicated for the project along with its boundaries including the longitude and latitude of the end points of the project:
5. The number, type and the carpet area of apartments for booking or sale in the project:
6. Date of receipt of commencement certificate:

Declaration

• I hereby exercise the option to pay tax on construction of apartments in the above mentioned project as under :

• I understand that this is a onetime option, which once exercised, shall not be allowed to be changed.

• I also understand that invoices for supply of the service can be issued during the period from 1^st April 2019 to 10^th May 2019 before exercising the option, but such invoices shall be in accordance with the option being exercised herein.

Signature 
Name 
Designation

Place 
Date      

Read More: Notification No. 41/2019 – Central Tax GST: Seeks to waive the late fees in certain cases for the month of July 2019 for FORM GSTR-1 and GSTR-6 provided the said returns are furnished by 20.09.2019.

Web Stories: Notification No. 41/2019 – Central Tax GST: Seeks to waive the late fees in certain cases for the month of July 2019 for FORM GSTR-1 and GSTR-6 provided the said returns are furnished by 20.09.2019.

Download pdf: https://taxinformation.cbic.gov.in/