2020 (9) TMI 1142

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....st Bengal Appellate Authority for Advance Ruling, constituted under Section 99 of the West Bengal Goods and Services Act, 2017, within thirty days from the date of communication of this ruling, or within such further time as mentioned in the proviso to Section 100 (2) of the GST Act. Every such appeal shall be filed under Section 100 (3) of the GST Act, and the Rules prescribed thereunder, and the Regulations prescribed by the West Bengal Authority for Advance Ruling Regulations, 2018. 1. Admissibility of the application 1.1 The applicant is the promoter of residential real estate project, supplying construction service in developing a residential housing project named "Akriti" (hereinafter the RREP) in Burdwan. The applicant wants....

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...., MAHARASHTRA). The question is found admissible in that context under section 97(2)(b) of the GST Act. 1.4 The concerned officer from the revenue does not object to the admissibility of the application. The application is, therefore, admitted. 2. Submissions of the Applicant 2.1 The applicant submits that half of the total number of dwelling units being constructed measures less than 60 sqm of carpet area for each such unit. It is, therefore, an affordable housing project in terms of Notification No. 13/06/2009 INF dated 30/03/2017 of Department of Economic Affairs, Government of India. The works contract service provided for construction of the project is, therefore, taxable under Entry No. 3(v)(da) of the Rate Notification. 2....

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....s amount charged is not more than 45 lakh. 4.2 An ongoing project is defined in clause 4(xx) of the Rate Notification. It shall mean a project that satisfies all the following conditions: (a) The Competent Authority has issued the certificate of commencement on or before 31/03/2019, and any of the professionals mentioned under the said clause shall certify that construction of the project started on or before 31/03/2019. (b) If no commencement certificate is required, the certificate as above for starting the construction on or before 31/03/2019. (c) The completion certificate had not been issued, or the first occupation of the project did not take place on or before 31/03/2019. (d) The apartments bein....

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.... carpet area of 60 sqm or less per unit in the RREP qualify as affordable residential apartments, provided the gross amount charged per unit does not exceed Rs. 45 lakh and the promoter has not exercised the option to pay tax at the rate specified in (ie) or (if) of Entry No. 3. It now needs to be ascertained whether the RREP is an affordable housing project, which enjoys infrastructure status vide the AHP Notification. 4.7 Affordable housing has been defined in the AHP Notification as a housing project using at least 50% of FAR/FSI for dwelling units with a carpet area of not more than 60 sqm. The term 'carpet area' has been assigned the same meaning as in section 2(k) of the Real Estate (Regulation and Development) Act, 2016. I....