• GST on purchase of flat in an apartment building

Dear Sir, I am going to purchase a flat on the 12th floor in a building complex in the month of March 2019. Promoter of this complex got partial CC from from the Kolkata Municipal Corporation on 18th Feb. 2019. Shall I have to Pay GST ?? I came to know that if building got CC from appropriate authority then GST not required but here my promoter got partial CC and my promoter saying that I have not to pay GST. Please advise me in an urgent basis. One another question who will be liable to pay GST, Promoter or Buyer ?? Thanks, Amitava Mondal.
Asked 7 years ago in Taxation

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

9 Answers

GST will be applicable on the sale of under-construction property or ready-to-move-in flats where completion certificate is not issued at the time of sale

 

has CC been obtained for 12 th floor ? kindly clarify 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

There must be full CC, not partial

If partial CC is received, then GST will be payable by buyer

Dont make payment now

From 1.4.19, the GST rate is reduced to 5% from 12%

And if price is below 45lacs, then GST is 1% provided area of flat is 60 sq.mtrs

You can pay some token for now and book the flat

Dont make substantial payment now till government notification on reduced gst rate is out

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

See the completion certificate is submitted by builder it is not received from.the authority so when such certificate is submitted issued by Architect then in that case GST is not payable .

The OC is issued by the authority so in case plans are approved and CC is submitted then in that case GST is not payable.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) New GST rule will be applicable from 1st April 2019.

 

2) The GST Council also decided to re-define a affordable home. By the new definition, it will be a house/flat of carpet area up to 90 sq m in non-metropolitan cities/towns, and 60 sq m in metropolitan cities having value up to 45 lakh (for both).

 

3) Under the new structure, normal under-construction houses will attract GST at 5 per cent against the present effective rate of 12 per cent. Similarly, the levy on affordable homes will be 1 per cent against 8 per cent.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

Please ask your above question on www.taxfull.com which is sister concern of www;kaanoon.com, where is experts will be Chartered Accounts.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

There is no GST on purchase of completed flats or ready to move-in properties. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Gst is payable by under construction flat is revised to 5% and ready to use homes at 1% now. Buyer pays the gst 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

GST is payable at the rate of 5% on the entire amount of the sale price there is nothing like that no rebate available if the Builder have CC and OC certificate the Builder has to receive the GST at the applicable rate at that time because it is reduced from 12 % to 5% and no duty drawback is available if invoice for sale of property is done well before the changes notified by the GST Council then it will be applicable at the previous rate

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

A perception has gained ground in the Indian housing market that the Goods and Services Tax (GST), is only applicable to under-construction projects and hence, ready-to-move-in apartments are exempt from the GST.

Since you are going to buy a ready to move in flat, you may not have to pay the GST.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer