Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
The AAR ruled that GST on construction work for prospective clients is liable at 18% under SAC 9954, with a 1/3 deduction for land portion. The transaction does not qualify for lower tax rates or exemption under accommodation services. Monthly/annual maintenance charges are also subject to 18% GST under SAC 9995. The ruling clarifies that sub-leasing or assignment of constructed property does not constitute a 'sale' and does not trigger alternative tax treatment. The decision emphasizes strict interpretation of lease terms and GST applicability on construction and maintenance services.
The AAR ruled that GST on construction work for prospective clients is liable at 18% under SAC 9954, with a 1/3 deduction for land portion. The transaction does not qualify for lower tax rates or exemption under accommodation services. Monthly/annual maintenance charges are also subject to 18% GST under SAC 9995. The ruling clarifies that sub-leasing or assignment of constructed property does not constitute a 'sale' and does not trigger alternative tax treatment. The decision emphasizes strict interpretation of lease terms and GST applicability on construction and maintenance services.
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