Applicability of GST RCM on TDR

[Kalpesh Shah]

Respected Seniors & Experts

I have a Querry Relating to GST RCM on TDR as below :

Facts :

My client is a Builder Developer. He has purchased a Land by entering into Conveyance Agreement. He has also purchased TDR for which will be used for construction of Additional floors. but nothing as such is mentioned in the TDR Agreement.

Building is of Ground + First Floor (Commercial Units ) & Upper 9 floors for Residential units.

My question is :

Whether GST RCM is liable for Construction of Commercial Area with respect to Purchase of TDR ?

When calculating RCM in respect of unbooked Residential Units, I need to consider Whole constructed area or only upper floors ?

Thank you in Advance

AI Summary

GST reverse charge on TDR: recipient liable for tax on commercial areas and unbooked residential units apportioned by carpet area.
RCM applies to TDR purchased for constructing commercial areas and to the portion of residential construction attributable to unbooked residential units as on the date of issuance of completion certificate or first occupation. Compute GST on total TDR/FSI at the applicable rate, allocate the residential share proportionately by carpet area, and charge GST on the fraction of residential GST corresponding to carpet area of unbooked units; booked residential apartments booked before completion/first occupation are exempt for this purpose.