Sir in case of allotment of flat to Land owners who has given land for development in old scheme on what amount GST is payable whether on stamp duty rate or on similar allotment to other flat owners and whether same shall be charged after the completion of the project

Reply— GST liability on land owner in case of Joint development agreement before 31.03.2019—

Land owner— Land owner is supplier of a taxable service by way of transfer of undivided share of land and hence is liable to register himself and discharge the tax accordingly. (refer advance ruling of AAR Karnataka in case of Patrick BERNARDINZ D’SA dated 28.11.2018)

Value of TDR, shall be equal to the amount charged by the promoter for similar apartments from the independent buyers booked on the date that is nearest to the date on which such development rights or FSI is transferred by the land owner to the promoter.

As per Ruling of AUTHORITY FOR ADVANCE RULINGS, KARNATAKA on application made by M/S. NFORCE INFRASTRUCTURE INDIA PVT. LTD, dated 28.11.2018 liability to pay GST shall arise at the time when the said developer, builder, construction company or any other registered person, as the case may be, transfers possession or the right in the constructed complex, building or civil structure, to the person supplying the development rights by entering into a conveyance deed or similar instrument.