Rate on construction contract in JDA

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....ate on construction contract in JDA<br> Query (Issue) Started By: - deepak gulati Dated:- 2-10-2019 Last Reply Date:- 14-11-2019 Goods and Services Tax - GST<br>Got 5 Replies<br>GST<br>Dear Expert What will be the applicable GST rate in case of construction of residential building where one floor is awarded to builder against consideration of such construction services:- 1) 12% - applicable to s....

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....ingle residential unit 2) 18% - residual rate Reply By Himansu Sekhar: The Reply: It is 18% Reply By deepak gulati: The Reply: Sir can you please elobrate the reasons for 18% Reply By Himansu Sekhar: The Reply: Please refer to sl No.11 of the faq issued vide f.No. 354/32/2019-TRU dated 07.05.19 whete in the rates are provided. Reply By KASTURI SETHI: The Reply: The querist is talking of....

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.... applicability of GST rate @12% or 18% to single residential unit in the scenario explained by him. I am also of the same view as explained by Sh.Himansu Sekhar Ji. It is a barter agreement between the two persons. There is no difference between &#39;cash&#39; and &#39;kind&#39; regarding the receipt of consideration. When 100 flats are constructed by any construction company, neither lower rate ....

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....nor exemption is available to single(individual) residential flat except the various options given in F.No. 354/32/2019-TRU dated 07.05.19 affordable/non-affordable etc. The same analogy is applicable here. Single individual residential flat (unit) cannot be segregated for the purpose of benefit of lower rate of GST.It is a business and will be taxed cumulatively. The element of &#39;individuality....

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....&#39; (individual/single unit) is lost/absorbed in the construction of more than one flats. Reply By KASTURI SETHI: The Reply: The following decision of AAR, Karnataka reported as 2019 (30) GSTL 371 (AAR-GST) is relevant here. Applicant : Teamview Developers LLP (Advance Ruling No.104/2019 dated 30.9.19) = 2019 (10) TMI 1020 - AUTHORITY FOR ADVANCE RULING, KARNATAKA<br> Discussion Forum - Knowle....

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....dge Sharing ....