Supply of building and related services and reporting in GST returns
Query (Issue) Started By: – SANJAY JAIN Dated:- 10-2-2019 Last Reply Date:- 12-2-2019 Goods and Services Tax – GST
Got 8 Replies
GST
Querry 1:
As per the entry number 5 of the schedule III of the CGST Act, Sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building is not a Supply.
Hence if there is a sale of building after obtaining the completion certificate, it is not a supply.
In case a builder has both types of sale transactions, i.e. sale of the building before obtaining the completion certificate and sale of buildings after obtaining the completion certificate, he is required to charge GST only sale of the building before
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2017 before the implementation of GST and service tax has been paid on the amount of advance received. If the buyer wants to cancel the booking now i.e before registration of property, whether the refund of service tax paid earlier can be claimed?/
Experts view are invited on above-mentioned queries.
Reply By KASTURI SETHI:
The Reply:
Reply to query No.1
"No supply" and Non-GST Supply" are one and the same. These are to be reflected Serial no. 3.1 (e) in GSTR 3 B and also in serial no. 8 of GSTR-1 Agree to the extent that exempted and NIL/zero rated supplies are out of purview of Schedule-III
Reply By KASTURI SETHI:
The Reply:
Reply to query no.2 : Same reply as in reply to query no.1.
Reply to query No.3 Refund will
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as petrol, ATF, crude oil etc and items mentioned in the Schedule III of the CGST Act?
Reply By SANJAY JAIN:
The Reply:
Thanks Kasturiji for your response to query no 3 also. I have further query, whether the builder can also claim the refund of service tax after issuing a credit note to the customer?
A service tax refund can be filed within one year. Whether the department can reject the refund since it has been filed after one year?
Reply By KASTURI SETHI:
The Reply:
Non-taxable supply is different from non-GST supply or non supply. Non-supply/non-GST supply is out of scope of GST whereas non-taxable supply is within scope of GST. ' Supply' falls within GST network but not taxable. Petrol and petroleum products are out of pu
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