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Issue ID : 116318
- 0 -

BUINESS OF SITE FORMATION AND SALE- IS LIABLE FOR REGISTRATION UNDER GST?

Date 25 May 2020
Replies6 Answers
Views 955 Views

LAND DEVELOPER IS A PARTNERSHIP FIRM, OWNING A LAND ON WHICH SITES ARE TO BE FORMED AND SOLD TO THE PERSPECTIVE CUSTOMERS. FORMATION OF SITES LIKE LEVELING OF LAND, FORMATION OF ROADS, BRIDGES, PARK AND OTHER AMENITIES AS PER MUDA IS ENTRUSTED TO A CONTRACTOR WHO IS MANAGING PARTNER OF THE FIRM, AND FIRM IS NOT PURCHASING ANY MATERIAL FOR DEVELOPMENT,CONTRACTOR IS FULLY RESPONSIBLE FOR HANDOVER SITES FIT FOR REGISTRATION TO PROSPESPECTIVE CUSTOMERS.THE FIRM OBTAINED RERA PERMISSION.

IN THIS SITUATION: IS IT COMPULSORY FOR THE FIRM TO GET REGISTRATION UNDER GST

6 answers
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- 0
Replied on May 25, 2020
1.

In our view it is a taxable service under the provision of GST Laws and registration will depend on the crossing of threshold limit as prescribed in GST Law i.e. 40 lakhs.

- 0
Replied on May 25, 2020
2.

In my view, in this scenario registration is compulsory. Go through Section 24 (vii) of CGST Act which is extracted below:-

SECTION 24. Compulsory registration in certain cases

(vii) persons who make taxable supply of goods or services or both on behalf of other taxable persons whether as an agent or otherwise

- 0
Replied on May 25, 2020
3.

Pl. also go through HSN 995432.

- 0
Replied on May 25, 2020
4.

Sir,

In my opinion the threshold limit is ₹ 20 lakhs only since work done is service.

- 0
Replied on May 25, 2020
5.

Registration is compulsory for contractor because he works for and on behalf of an other person. Developer firm is required to take registration only after crossing threshold exemption limit of ₹ 20 lakhs, being service provider.

- 0
Replied on May 25, 2020
6.

My mistake, the threshold is ₹ 20L.

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