TaxTMI 
TaxTMI 
2022 (8) TMI 365
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....t, 2017 read with Rule 104 of CGST/TGST Rules. 2. At the outset, it is made clear that the provisions of both the CGST Act and the TGST Act are the same except for certain provisions. Therefore, unless a mention is specifically made to any dissimilar provisions, a reference to the CGST Act would also mean a reference to the same provision under the TGST Act. Further, for the purposes of this Advance Ruling, the expression 'GST Act' would be a common reference to both CGST Act and TGST Act. 3. It is observed that the queries raised by the applicant fall within the ambit of Section 97 of the GST ACT. The Applicant enclosed copies of challans as proof of payment of Rs. 5,000/- for SGST and Rs. 5,000/- for CGST towards the fee for Advance....
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....age, Remuneration and interest on Working Capital are liable for RCM? 5. In a project of combination of affordable Flats (Carpet Area is less than 60Sq Mts), and Non affordable flats (Carpet Area is more than 60Sq Mts), can different rate of tax be adopted for different units, i.e., GST 1% in case of affordable Units and 5% in case of Non affordable units based on the Carpet area? 6. That, the customer is entering into two types of agreements at the time of selling the semi finished residential flat. a) "SALE AGREEMENT" and b) Completion of semi finished works called "WORK ORDER", In such case what is the rate of tax for: a) For SALE DEED @ 5% b) For WORK ORDER @ 18% or 12% or 5%. Whethe....
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....im in the statement of facts submitted separately on 21.12.2021. This notification offers the promoter an option to shift to the new scheme or to continue under the earlier scheme. Under the new scheme, for residential apartments, the developer promoter has to pay CGST as well as SGST @0.5% without ITC for affordable residential apartments and 2.5% without ITC for other residential apartments and reverse the input tax credit available in the credit ledger as on 31.03.2019. However if the developer promoter intends to continue under the old scheme and avail ITC, he has to submit a declaration before 20.05.2019 to the jurisdictional authority. In the case of the applicant, it appears they have not opted for the old scheme, hence they fall ....
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.... if total value of supplies received from unregistered suppliers is less than 80% and the promoter is required to pay GST @28% under reverse charge if the purchase is from unregistered supplier. ii) Excluding cement, minimum 80% of the procurement of inputs and input services used in supplying the real estate project service shall be received from registered supplier only. For the shortfall from this requirement GST @18% is payable on value to the shortfall. This adjustment is to be done financial year wise and not project wise. iii) In case of capital goods procured from unregistered person, the promoter is liable to pay GST under reverse charge. iv) For residential apartments, GST is not payable on TDR, FSI or p....
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....value in the registered sale deed is lesser than this consideration. However if any further construction is to be made beyond the scope of the initial agreement such a contract will be an independent contract and will attract a different rate of tax. In view of this judge made law, if the initial contract for land and building, even if entered through (2) different un severable agreements, constitutes a single contract and hence will attract tax @0.5% for affordable housing and @2.5% for other housing under CGST & SGST respectively without ITC. However any other agreement which is beyond the scope of initial agreement and is a severable agreement vis-à-vis the initial agreement then the construction made under this contract will attr....