GST REG-31 ISSUED

[KERAGODEGOPALARAO ANANTHARAO]

Our client is a partnership firm, developer of plot into sites. Service for development of sites is received by registered person who is contractor. GST registration is obtained and filed the nil return upto November 2021. After that for lack of information filing of GST returns can't be done, and GST REG-31 issued as on 10-08-2022.

The Goa authority of advance ruling (AAR) held that the GST is not payable on sale of Plots in the case of Pradnyasheel Jumle and Sarita S. Gadgil held that the principal transaction is the sale of land, the ownership is passing from current owner of the plot of land to the buyer who will become owner of subdivided plot only.

In this regard I need guidance for whether let the department make Suo Moto cancellation or shall I file the clarification by mentioning Advance Ruling of Goa authority requesting for cancellation of registration, shall I need to file the GST returns till date or not.

Kindly guide me.

Yours Faithfully,

K G Anantha Rao.

AI Summary

Partnership Firm Faces GST Filing Issues; Advance Ruling Confirms No GST on Plot Sales Due to Land Ownership Transfer A partnership firm involved in developing plots into sites faces issues with GST returns filing due to lack of information, leading to the issuance of GST REG-31. The Goa Authority of Advance Ruling determined that GST is not applicable on the sale of plots, as it involves the transfer of land ownership. The firm seeks guidance on whether to allow the department to cancel the registration suo moto or to file a clarification citing the advance ruling for cancellation. A respondent advises filing an application for revocation of cancellation on the portal, citing non-filing as the reason.