Tax liability on development rights arises on completion certificate or first occupation for promoters receiving FSI or long-term lease. The notification designates promoters who receive development rights/FSI or long term leases on or after 1 April 2019 as registered persons liable for State tax where consideration is paid in construction services or monetary terms. The liability to pay State tax for construction services provided as consideration for development rights/FSI, monetary consideration for development rights/FSI relatable to residential construction, upfront lease amounts for long term leases relatable to residential construction, and construction supplied against development rights/FSI, arises on the earlier of issuance of the completion certificate (where required) or first occupation. Tax on specified services is payable under the reverse charge mechanism; definitions are tied to the Real Estate (Regulation and Development) Act. The notification takes effect from 1 April 2019.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Tax liability on development rights arises on completion certificate or first occupation for promoters receiving FSI or long-term lease.
The notification designates promoters who receive development rights/FSI or long term leases on or after 1 April 2019 as registered persons liable for State tax where consideration is paid in construction services or monetary terms. The liability to pay State tax for construction services provided as consideration for development rights/FSI, monetary consideration for development rights/FSI relatable to residential construction, upfront lease amounts for long term leases relatable to residential construction, and construction supplied against development rights/FSI, arises on the earlier of issuance of the completion certificate (where required) or first occupation. Tax on specified services is payable under the reverse charge mechanism; definitions are tied to the Real Estate (Regulation and Development) Act. The notification takes effect from 1 April 2019.
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