Dear Sirs: I'm a landowner in a JV Agreement with area sharing. The construction is complete and I'm faced with a situation where I'm forced to collect from my buyers or pay GST on my set of flats after the receipt of Completion Certificate. However, the builder is selling his flats without GST and is refusing to hand over possession without collecting the GST from us which is creating tremendous impact in the market leaving us unable to sell. The Builder says we are not eligible for exemption of GST after Completion Certificate on account of which we are unable to sell our flats to customers. Please advise me based on the above scenerio.
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Dear Cleint,
1. if CC is received then there is no question of collecting any GST from the flat buyers
2. there is no such provision that the exemption from collection of GST from flat buyers on sale after receipt of CC is not applicable to the landowners share of flats
3. the builder's stand is completely illegal
4. you are not required to collect any GST from your buyers
5. and whether or not you collect the GST from your buyers is none of the builder's concern. He should only be concerned with his share of flats.
GST will not be levied on purchasers of flats for which completion certificate is issued at the time of sale.
You can file a Complaint against the said builder in gst grievance portal and initiate the same.
GST is applicable on sale of the property and collected by the Builder completely and deposited to the GST authority the landowner have no liability to collect and deposit the GST amount
The GST is not applicable since the completion certificate is received, complaint before the jurisdictional commissioner of GST for this illegal practice by builder.
GST is payable for the under construction flats.
GST will not be levied on buyers of real estate properties for which completion certificate is issued at the time of sale.
However, Goods and Services Tax (GST) is applicable on sale of under-construction property or ready to move in flats where completion certificate is not issued at the time of sale.
