2024 (10) TMI 191

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.... Goods and Services Tax Act, 2017, within a period of 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 in accordance with Section 100 (3) of the GST Act and the Rules prescribed there under, and the Regulations prescribed by the West Bengal Authority for Advance Ruling Regulations, 2018. 1.1 At the outset, we would like to make it clear that the provisions of the Central Goods and Services Tax Act, 2017 (the CGST Act, for short) and the West Bengal Goods and Services Tax Act, 2017 (the WBGST Act, for short) have the same provisions in like matter except for certain provisions. Therefore, unless a mentio....

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....ess of building and selling residential flats under affordable housing scheme. The applicant is charging GST @1% on the buyers of flats and doesn't avail any input tax credit. 2.2 The applicant, being a promoter, is required to procure all capital goods and at least 80% of inputs and inputs services from registered suppliers. If not so procured, tax is payable by the applicant under reverse charge on the balance amount. 2.3 The applicant submits that as per FAQ (Part-II) no. 18 issued by CBIC vide circular F. No. 354/32/2019-TRU dated 14/05/2019, inward supplies of exempted goods/services shall be included in the value of suppliers from unregistered persons while calculating threshold of 80%. 2.4 The applicant has availed construct....

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....high speed diesel, motor spirit, natural gas], used in supplying the service shall be received from registered supplier only; • inputs and input services on which tax is paid on reverse charge basis shall be deemed to have been purchased from registered person; • where value of input and input services received from registered suppliers during the financial year (or part of the financial year till the date of issuance of completion certificate or first occupation of the project, whichever is earlier) falls short of the said threshold of 80 per cent., tax shall be paid by the promoter on value of input and input services comprising such shortfall at the rate of eighteen percent on reverse charge basis and all the pr....

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....he financial year till the date of issuance of completion certificate or first occupation, whichever is earlier) as prescribed in notification No. 11/2017-Central Tax (Rate), dated 28th June, 2017, at items (i), (ia), (ib), (ic) and (id) against serial number 3 in the Table, published in Gazette of India vide G.S.R. No. 690, dated 28th June, 2017, as amended. Promoter 2. Cement falling in chapter heading 2523 in the first schedule to the Customs Tariff Act, 1975 (51 of 1975) which constitute the shortfall from the minimum value of goods or services or both required to be purchased by a promoter for construction of project, in a financial year (or part of the financial year till the date of issuance of completion certificate or firs....

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.... by the Tax Research Unit, Department of Revenue, ministry of Finance on 14.05.2019 as under: Question: Whether the purchase of Land from an unregistered person shall be required to be included in the value of Input and Input Services for the purpose of calculation of 80% threshold? Answer: No. As per Schedule III, Entry No. 5, of CGST Act, sale of land is not a supply. In addition, as per 5th proviso to entries at Sl. No. (i), (ia), (ib), (ic) and (id) against Serial No 3 in the Notification No. 11/ 2017-CTR dated 28.06.2017 as amended by Notification No. 3 / 2019-CTR dated 30/03/2019, transactions by way of grant of development rights, long term lease, FSI etc. are not required to be included in the value of Input and In....