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Issue ID: 117922
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GST on sale of flat

Date 19 Apr 2022
Replies 13 Replies
Views 6066 Views
Point of taxation: GST applies to post regime receipts tied to completion certificate; earlier receipts face service tax limitation.
GST exposure depends on whether the construction service was completed before the GST regime or whether the balance receipt constitutes post regime supply. Point of taxation is governed by advance receipt and invoice rules and by issue of completion/occupancy certificate; pre GST receipts fall under the service tax regime and may be time barred, while amounts received after GST commencement are potentially taxable under GST unless prior completion fixes liability earlier. (AI Summary)

Dear Experts,

A builder client of mine entered into sale agreement of shop for ₹ 980000 in 2009 and received 730000 till 2013. In the financial year 2021-22 he got balance amount of 250000. In his books of accounts till date it was shown has stock in hand, Now my question is in financial year 2021-22 he has done sale deed. my question is with regards to GST tax does he needs to pay gst on entire amount or on bal amount of 250000, he had not paid service tax on above amount received, he got himself registered in service tax in 2013. Kindly guide me with your expert opnion and advise

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