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12% GST Rate on Contract Service for the Development of Residential Houses

The West Bengal Authority of Advance Ruling (AAR) ruled that 12% of GST is liable on the contractors to provide contract service in developing residential housing projects.

12 Percent GST for Residential Housing Project Service

The petitioner M/s Primac Projects Pvt Ltd is the owner of residential real estate Know what the experts have to say on impacts of Goods and Service Tax (GST) in the countrys Real Estate Industry. Read More projects who provides construction services for the residential project named “Akriti” (RREP) in Burdwan.

The petitioner states that half of the total number of flats has the area less than 60sqm of carpet area for each unit. According to the Notification No. 13/06/2009 INF dated 30/03/2017 of Department of Economic Affairs, Government of India is an economical housing project.

The applicant sought advance ruling on the issue of whether Entry No. 3(v)(da) of Notification 11/2017 Central Tax (Rate) dated 28/06/2017 (hereinafter the Rate Notification), as amended time to time, applies to the works contract service Get to know Goods and Services Tax impact on works contract in India. We have also disclosed situations of before and after in a brief manner received from the contractors.

Entry No. 3(v)(da) of the Rate Information states that cost-effective homes with a carpet area of 60 square meters per house in an economical housing project which assumes infrastructure status vide declaration to the Government of India, finance ministry Department of Economic Affairs vide F. No. 13/6/2009-INF dated the 30th of March 2017. The 12% GST is to be applied.

In the context of clause 4(xvi) of Notification 11/2017 Central Tax (Rate) dated June 28, 2017, is changed with time is liable for taxation under Entry No. 3(v)(da) of the said notification, gives that practitioner will not choose to pay tax on the rate mentioned in Entry Np.3(ie) or 3(if), and the two judges Susmita Dey and Partha Sarthi Dey state that the service contract for the development of the house units named ‘Akriti’ has reliable residential apartments.

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