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Issue ID: 116024
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GST on sale of commercial property

Date 15 Feb 2020
Replies 1 Reply
Views 6296 Views
Treatment of completed immovable property as neither supply, so sale after completion certificate falls outside GST levy.
A sale of a completed immovable commercial property after issuance of a completion certificate is not treated as a supply for GST purposes and therefore does not constitute neither supply of goods nor supply of services; accordingly, sale of an owned, completed premises post completion certificate by a registered entity should be treated as outside the scope of GST levy. (AI Summary)

XYZ(Manufacturer) is registered with GST and is having factory in Navi Mumbai and Head Office in Mumbai. The Head office in Mumbai was an ownership premises which XYZ had sold for ₹ 100 Lakhs. Is XYZ required to pay GST on it?

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Replied on Feb 15, 2020
1.

If sale of property is after completion certificate is neither supply of goods nor supply of services. Pl refer SCH III Para 5 of CGST Act. Transaction of immovable property is neither supply of goods nor a supply of services

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