Purposive interpretation of residential house exemption: unregistered purchase agreement alone does not defeat relief, but investment must be verified...
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The AAR determined that the applicant's residential project did not fully qualify as an "ongoing project" under the GST notification. Only towers A, B, and C were eligible for the 12% GST rate (net 8% after land deduction) with input tax credit, subject to specified conditions. Projects initiated after 01.04.2019 were ineligible for the previous tax structure, requiring developers to choose between 1% (affordable housing) or 5% (without input tax credit) tax rates. The ruling partially allowed the applicant's original tax treatment, limiting the preferential GST rate to specific towers while excluding the remaining project components.
The AAR determined that the applicant's residential project did not fully qualify as an "ongoing project" under the GST notification. Only towers A, B, and C were eligible for the 12% GST rate (net 8% after land deduction) with input tax credit, subject to specified conditions. Projects initiated after 01.04.2019 were ineligible for the previous tax structure, requiring developers to choose between 1% (affordable housing) or 5% (without input tax credit) tax rates. The ruling partially allowed the applicant's original tax treatment, limiting the preferential GST rate to specific towers while excluding the remaining project components.
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