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If a developer-promoter opts to pay tax for the ongoing project of affordable residential apartment at the new rate, can he use the ITC available to him under the second proviso applicable to clause (i) to clause (id) of serial 3 of Notification No. 11/2017 (as amended) for payment of tax at 1%/5%

Reply

The condition in Notification No. 3/2019 specifies that 80% of inputs and input services should be procured from registered person. What about expenditure such as salaries, wages, etc. These are not supplies under GST [Sl. 1 of Schedule III]. Now, my question is, whether such services will be included under input services for considering 80% criteria?

Services by an employee to the employer in the course of or in relation

A buyer has booked an apartment prior to 1st April, 2019 and paid part consideration to the developeany additional tax for such payment he has made prior to 31st march, 2019?r. The developer decides to opt for the new scheme for this ongoing project. Will the buyer be required to pay

No

Whether the condition of receiving 80% of inputs and input services from the registered person shall be applicable if the developer opts to continue to pay tax at the old rates of 12%/8% in respect of an ongoing project?

No

Whether the inward supplies of exempted goods / services shall be included in the value of supplies from unregistered persons while calculating 80% threshold?

Yes

Whether the purchase of Land from an unregistered person shall be required to be included in the value of Input and Input Services for the purpose of calculation of 80% threshold?9

No

When a developer prefers the option of paying tax at 1%/ 5%, without ITC, for an ongoing project, whether the apartments which were not considered as affordable in the earlier scheme (though certain apartments in such project were considered as affordable in the earlier scheme) will be considered as affordable after 1st April, 2019, if such apartments fit the definition of affordable residential apartments as provided in notification No. 3/2019- CT(R) dated 29.03.2019?

Yes

Whether the amended rule 42 shall apply to all RREPs including ongoing projects?

In case of an ongoing RREP, in respect of which promoter

Whether separate Form (Annexure IV) shall be filed by the Developer in respect of each of the Ongoing Projects?

Yes

On what basis a Contractor / Sub-contractor executing a composite supply of works contract in terms of clause (va) i.e. 12% for affordable residential apartments, shall satisfy himself as regards condition of 50% of the total carpet area?

The contractor may charge tax on the works contract service

Whether the condition to make payment within 180 days by Land Owner – Promoter to Developer – Promoter as provided in second proviso to section 16 (2), shall be applicable for reversal of input tax credit ?

The apartments given to the Land Owner – Promoter are given by the Developer

Whether the exemption given by way of Entry 41A / 41B of Notification No. 12/2017-CTR shall be availsub-clause (v) in clause (zk) in section 2 in RERA Act, 2016 covers a person who purchases TDR as developer?able in respect of development rights etc. transferred to a person other than promoter? Please clarify whether

The exemption is available only on TDR

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