TaxTMI 
TaxTMI 
TaxTMI 
GST REGISTARTION FOR PERSON DOING BUSINESS IN EXCLUSIVELY OF PLOTTED DEVELOPMENT
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....ST REGISTARTION FOR PERSON DOING BUSINESS IN EXCLUSIVELY OF PLOTTED DEVELOPMENT<br> Query (Issue) Started By: - NUKALA KUMAR Dated:- 3-7-2025 Last Reply Date:- 6-7-2025 Goods and Services Tax - GST<br>Got 4 Replies<br>GST<br>WHETHER THE PERSON IS LIABLE FOR MANDATORY REGISTARION AS AGGREGATE TURN OVER EXCEEDING 20 LAKHS, PERSON IS INTO EXCLUSIVELY SALE OF DEVELOPED PLOTS TO CUSTOMERS ON HIS OWN L....
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....AND,THERE IS NO JDA. INCOME RECIVED FROM SALE OF DEVELOPED PLOTS IS 20 CRORE WHETHER PERSON IS LIABLE FOR MANDATORY GST REGISTRATION? Reply By Sadanand Bulbule: The Reply: Plz refer Section 23 of the CGST Act, 2017: 23. (1) The following persons shall not be liable to registration, namely:-- (a) any person engaged exclusively in the business of supplying goods or services or both ....
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....that are not liable to tax or wholly exempt from tax under this Act or under the Integrated Goods and Services Tax Act; Sale of developed plots, being sale of land, is neither supply of goods nor service in terms of Sl No. 5 of the Third Schedule to the Act. Therefore you are not liable for registration. Reply By Sadanand Bulbule: The Reply: 2023 (2) TMI 929 - APPELLATE AUTHORITY FOR ADVA....
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....NCE RULING, KARNATAKA - IN RE: M/S. MS. RABIA KHANUM, Levy of GST - consideration received on sale of sites - advance received towards sale of site - sale of plots after completion of works related to basic necessities - rate of GST - on what value GST to be charged? - If GST is chargeable on any of these transactions, can the applicant collect th....
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....e GST from the prospective buyers? - eligibility for claiming Input Tax Credit that are paid on the expenses they incur on development. HELD THAT:- he transfer of title in the land/plot cannot take place before the land is developed with the required infrastructure and amenities, as the Planning Authority, in terms of Section 17 of the KTCPA (reproduced in Para 15 ante), will not issue the layout....
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.... plan unless the development is complete. Further, without the layout plan issued by the Planning Authority, the local authority will not issue the Khata for the plot and in the absence of the Khata, the registration process for transfer of title from the seller to the buyer will not take place. On a co-joint reading of all the provisions, it is held that sale of land developed by the Re....
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....spondent is covered within the scope of the term "sale of land" as mentioned in entry 5 of Schedule III. No.- KAR/AAAR /02/2023 Dated.- February 14, 2023 Reply By Sadanand Bulbule: The Reply: Dear all Plz refer the ratio of following judgement which squarely applies to the sale of land, developed plots or undeveloped land, vide Sl. No. 5 of the Third Schedule to the CGST Act, 2017.....
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.... So in my considered view, there is no ambiguity on this issue. 2025 (4) TMI 750 - KARNATAKA HIGH COURT - M/S. FORTIOUS INFRADEVELOPERS LLP VERSUS THE ADDITIONAL COMMISSIONER OF COMMERCIAL TAXES (ZONE) -1, BANGALORE, THE ASSISTANT COMMISSIONER OF COMMERCIAL TAXES (AUDIT) -1. 1, BENGALURU, THE UNDER SECRETARY FINANCE DEPARTMENT (C. T-1), BENGALURU. Conclusion - i) VAT cannot be lev....
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....ied on immovable property. ii) Finalized assessments under the Karasamadhana Scheme cannot be reopened. The questions of law framed in these appeals, are answered in favour of the Assessee and against the Revenue. No.- STA No. 18 of 2022 C/W STA No. 19 of 2022 STA No. 20 of 2022 Dated.- April 2, 2025 Reply By Shilpi Jain: The Reply: Not required to register as there is no GST liability, irres....
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....pective of the quantum of T/o<br> Discussion Forum - Knowledge Sharing ....