Landmark GST Ruling: Construction Services Taxed at 18% with Land Value Deduction, No Special Exemptions Apply
Case-Laws
GST
The AAR ruled that GST on construction work for prospective clients is liable at 18% under SAC 9954, with a 1/3 deduction for land portion. The transaction does not qualify for lower tax rates or exemption under accommodation services. Monthly/annual maintenance charges are also subject to 18% GST under SAC 9995. The ruling clarifies that sub-leasing or assignment of constructed property does not constitute a 'sale' and does not trigger alternative tax treatment. The decision emphasizes strict interpretation of lease terms and GST applicability on construction and maintenance services.
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