Sir, a real estate company sale flats and plots Queries:- 1) Is sale of plot & villas after completion is also exempted under gst?? please provide the notification no. 2) the company sales flats after obtaining completion certificate. Hence sale of flat doesnt attract gst. So whether this transaction is Nil or Exempted? 3) Where to show this point No. 2 transaction in GSTR9

Reply-

1) As per para 5 of schedule III the following shall not be treated as supply of goods or service.

"Sale of Land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building"

Therefore, no GST is applicable on sale of open plots and fully constructed flats & Villas.

As per Notification no. 03/2019 -CT Rate dated 29.03.2019, there is no GST liability on Sale of Flats after completion certificate, designated by the competent authorities mentioned in the notification. 

GST is applicable on sale of under construction property or ready to move-in Flats where completion certificate has not been issued at the time of sale  (1% or 5% without ITC in terms of notification no. 03/2019 CTR dated 29.03.2019).

2) It will be considered as non GST supply.

3) Aggregate value of non GST supply can be declared in Table 5F of GSTR-9.