In Re: M/s. PPD Living Spaces Pvt. Ltd.
GST
2018 (10) TMI 599 – AUTHORITY FOR ADVANCE RULINGS, KERALA – 2018 (18) G. S. T. L. 95 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULINGS, KERALA – AAR
Dated:- 26-9-2018
AAR No. KER/20/2018
GST
SHRI. B.G. KRISHNAN AND SHRI. B.S. THYAGARAJABABU MEMBER
Authorized Representative: Mr. Roy Peter, Director.
The applicant is executing a layout development project 'Emerald Hills'. They have converted eleven acres of property into residential plots with the facility of paved roads up, water and electricity supply to each plot, water drains, trees, party hall, health club, play courts, compound wall etc. Total cost of plot is divided as cost of land and cost of development. Land
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t charges?
ii) Whether the ITC availed has to be paid back on pro rata basis, on plots sold after completion?
The Director of the firm was heard and he reiterated the points already given along with the application. The issue was examined in detail. As per Paragraph 5 of Schedule III of the GST Act, sale of land and, subject to clause (b) of para graph 5 of Schedule Il, sale of building shall be treated neither as a supply of goods nor as a supply of service.
As per Paragraph 5 (b) of Schedule II, construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certi
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