Important Keyword: UTGST notification 07/2019, real estate GST RCM, promoter reverse charge GST, cement GST RCM, construction GST rules, UTGST real estate notification, RREP GST India,
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Table of Contents
[F. No. 354/32/2019- TRU]
Government of India
Ministry of Finance
(Department of Revenue)
New Delhi, the 29th March, 2019
Notification No. 07/2019 - Union Territory Tax (Rate): Seeks to notify certain services to be taxed under RCM under section 7(4) of UTGST Act as recommended by Goods and Services Tax Council for real estate sector.
GST: [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
G.S.R......(E).- In exercise of the powers conferred by sub-section (4) of section 7 of the UTGST Act, 2017 (14 of 2017), the Central Government, on the recommendations of the Council, hereby notifies that the registered person specified in column (3) of the table below, shall in respect of supply of goods or services or both specified in column (2) of the Table below, received from an unregistered supplier shall pay tax on reverse charge basis as recipient of such goods or services or both, namely:-
Table
| Sl. No. | Category of supply of goods and services | Recipient of goods and services |
| (1) | (2) | (3) |
| 1 | Supply of such goods and services or both [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)] which constitute the shortfall from the minimum value of goods or services or both required to be purchased by a promoter for construction of project, in a financial year (or part of the financial year till the date of issuance of completion certificate or first occupation, whichever is earlier) as prescribed in notification No. 11/ 2017- Union Territory Tax (Rate), dated 28th June, 2017, at items (i), (ia), (ib), (ic) and (id) against serial No. (3) in the table, published in Gazette of India vide G.S.R. No. 702 (E), dated 28th June, 2017, as amended. | Promoter. |
| 2 | Cement falling in chapter heading 2523 in the first schedule to the Customs Tariff Act, 1975 (51 of 1975) which constitute the shortfall from the minimum value of goods or services or both required to be purchased by a promoter for construction of project, in a financial year (or part of the financial year till the date of issuance of completion certificate or first occupation, whichever is earlier) as prescribed in notification No. 11/ 2017- Union Territory Tax (Rate), dated 28th June, 2017, at items (i), (ia), (ib), (ic) and (id) against serial No. 3 in the table, published in Gazette of India vide G.S.R. No. 702 (E), dated 28th June, 2017, as amended. | Promoter. |
| 3 | Capital goods falling under any chapter in the first schedule to the Customs Tariff Act, 1975 (51 of 1975) supplied to a promoter for construction of a project on which tax is payable or paid at the rate prescribed for items (i), (ia), (ib), (ic) and (id) against serial number 3 in the Table, in notification No. 11/ 2017- Union Territory Tax (Rate), dated 28th June, 2017, published in Gazette of India vide G.S.R. No. 702 (E), dated 28th June, 2017, as amended. | Promoter |
Explanation. - For the purpose of this notification, -
- 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);
- “project” shall mean a Real Estate Project (REP) or a Residential Real Estate Project (RREP);
- 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);
- “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.
- “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 1st of April, 2019.
(Pramod Kumar)
Deputy Secretary to the
Government of India
📚 Frequently Asked Questions (FAQs): Notification No. 07/2019 - Union Territory Tax (Rate)
Q1: What is Notification No. 07/2019 - Union Territory Tax (Rate)?
Answer:
It introduces reverse charge GST on certain goods and services received by promoters from unregistered suppliers.
Q2: From when is this applicable?
Answer:
From 1 April 2019.
Q3: Who is required to pay GST under this notification?
Answer:
The promoter of the real estate project.
Q4: What is reverse charge mechanism (RCM)?
Answer:
Under RCM, the recipient pays GST instead of the supplier.
Q5: Which goods are specifically covered?
Answer:
Cement from unregistered suppliers
Capital goods from unregistered suppliers
Shortfall in registered purchases
Q6: What is meant by “shortfall”?
Answer:
If promoter doesn’t meet the minimum purchase requirement from registered suppliers, GST must be paid on the difference.
Q7: What is a promoter?
Answer:
A developer or builder as defined under the RERA Act, 2016.
Q8: What is an RREP?
Answer:
Residential Real Estate Project where commercial area is not more than 15% of total carpet area.
Q9: Do promoters need GST registration?
Answer:
Yes, GST registration is mandatory.
👉 Register here:
https://finodha.in/online-gst-registration/
Q10: Can promoter claim ITC on RCM payments?
Answer:
Depends on project type and GST scheme chosen.
Q11: Do promoters need to file GST returns?
Answer:
Yes. They must file:
GSTR-1
GSTR-3B
👉 https://finodha.in/gst-return-filing/
Q12: What records should be maintained?
Answer:
Purchase invoices
Supplier details
RCM calculations
GST payment challans
Q13: Does this apply to registered suppliers?
Answer:
❌ No. Only supplies from unregistered suppliers are covered.
Q14: What happens if promoter fails to pay RCM?
Answer:
Tax demand
Interest
Penalties
Q15: How can Finodha help real estate promoters?
Answer:
Finodha offers:
✔ GST Registration
✔ GST Return Filing
✔ Real estate GST compliance
✔ Company setup
✔ ROC compliance
👉 https://finodha.in/gst-compliance/
👉 https://finodha.in/private-limited-company/
Download PDF: Notification No. 07/2019 - Union Territory Tax (Rate)
More Information: https://taxinformation.cbic.gov.in/
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