GST on construction of Property

[YUWRAJ KOTHARI]

In the case of Builder constricting 28 storey tower, Has received Part Occupation certificate from Municipal Corporation for 23 floors. So for unsold Flats upto 23 floors and sold after Part OC. whether GST payable or to wait upto full and final occupation Certificate. Experts please opine.

AI Summary

Builder with partial occupation certificate for 23 floors faces GST confusion on unsold flats A builder constructing a 28-storey tower received partial occupation certificate for 23 floors and seeks clarification on GST liability for unsold flats. Legal experts provided varying opinions: one referenced a Karnataka High Court case, another stated GST applies only to pre-OC sales while post-OC sales are exempt. A third expert noted RERA registration treats the entire building as one project, making completion certificate for the whole project relevant. The final expert detailed that floors 1-23 with partial OC would be GST-exempt if sold post-OC, but floors 24-28 remain taxable until full completion certificate is obtained.