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Supply of building and related services and reporting in GST returns

SANJAY JAIN

Querry 1:

As per the entry number 5 of the schedule III of the CGST Act, Sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building is not a Supply.

Hence if there is a sale of building after obtaining the completion certificate, it is not a supply.

In case a builder has both types of sale transactions, i.e. sale of the building before obtaining the completion certificate and sale of buildings after obtaining the completion certificate, he is required to charge GST only sale of the building before obtaining a completion certificate. Since the items of schedule III are not supply hence not required to be reported in GSTR-1 and GSTR 3B. Items covered in the scheduled III will also not to be reported in exempted and nill rated supply also.

Querry 2:

Sale and consumption of power are not covered in GST as same is part of entry no 53 of list II under Schedule VII, of Constitution of India.

In case a builder has given a commercial complex on rent. He has taken a single electrical connection and recovering the electricity expenses from all tenants of the building on prorate basis based on the number of units consumed, it will also not to be reported in GSTR 3B and GSTR-1 return.

Querry 3:

In case the booking of the flat was done during 2017 before the implementation of GST and service tax has been paid on the amount of advance received. If the buyer wants to cancel the booking now i.e before registration of property, whether the refund of service tax paid earlier can be claimed?/

Experts view are invited on above-mentioned queries.

GST Rules: Post-Completion Sales Non-Taxable, Pre-Completion Sales Taxable; Service Tax Refunds Require Prompt Action A discussion on GST implications for builders addresses several queries. First, sales of buildings post-completion certificate are not considered supply and are not reported in GSTR-1 and GSTR-3B, while pre-completion sales are taxable. Second, electricity expenses recovered from tenants are not reported in GST returns. Third, regarding service tax refunds for canceled bookings made before GST implementation, refunds are possible with a disclaimer certificate, but timing is crucial due to a one-year filing limit under the service tax law. The distinction between non-GST, non-taxable, and non-supply items is debated, with non-GST supplies being outside GST's scope. (AI Summary)
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