GST Payable on TDR

[hubert fernandes]

In as area sharing model and In terms of Notification 04/2019 dated 29/3/2019 in the formula for the amount of GST exemption what constitutes the GST PAYABLE ? whether the GST payable amount has to be restricted to the land owners area or the entire area in the project. Please provide clarity on the subject as per statue or any case laws or advance rulings.

Regards

Hubert

[Shilpi Jain]

TDR is generally considered to be given to the extent of the share of the Developer.

On the Landowner's share - only construction is done by the Developer and it is handed over back to the Landowner.

[hubert fernandes]

Thank you madam.

So first the GST Payable has to restricted and computed on the Builders area and then all the calculations as per Notification 04/2019 dated 29/3/2019 shall follow.

Would appreciate if there are any advance rulings on the said interpretation.

Regards

[hubert fernandes]

can anyone in the forum provide me AAO in the case of M/s. Pride constructions versus Dy Assistant commissioner of STGSR, State of Andhra Pradesh. - 2022 (2) TMI 292 - ANDHRA PRADESH HIGH COURT

AI Summary

Clarification Sought on GST for Transfer of Development Rights: Landowner's Share vs. Entire Project Area per Notification 04/2019. A discussion on a forum addresses the Goods and Services Tax (GST) payable on Transfer of Development Rights (TDR) in an area-sharing model. The query seeks clarification on whether GST payable should be limited to the landowner's area or the entire project area, referencing Notification 04/2019. A response suggests GST is typically calculated based on the developer's share, with construction for the landowner handed back. The inquirer requests further information or advance rulings, specifically citing a case involving M/s. Pride Constructions and the Andhra Pradesh High Court for additional guidance.