Question And Answer
Subject: GST DEMAND FROM DEVELOPERS UNDER RCM ON PAYMENTS MADE TO BMC FOR FSI PREMIUM AND DEVELOPMENT CHARGES
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Querist: DIMPLE SHARAD SHAH
Answered by:
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Date: June 4, 2026
Query asked by DIMPLE SHARAD SHAH

The present appeal is filed against the impugned DRC-07 order whereby the Learned Adjudicating Authority has confirmed GST demand under Reverse Charge Mechanism (“RCM”) on payments made by the Appellant to Municipal Corporation towards:
a) Additional FSI Premium
b) Fungible FSI Charges
c) Development Charges
d) Scrutiny Fees
e) Staircase Premium
f) Open Space Deficiency Charges
g) Other statutory charges under DCR/DCPR Regulations.

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Answer given by

The issue whether under Entry 5B (inserted via Notification No. 5/2019-CT(R) w.e.f. 01.04.2019), payments made by a real estate developer the BMC/MCGM for various charges—such as Additional FSI Premium, Fungible FSI Charges, Development Charges, Scrutiny Fees, Staircase Premium, Open Space Deficiency Charges, and other statutory charges under DCR/DCPR attract GST under the RCM is not free from doubt. It is arguable that these charges are directly relate to land-use regulation and building construction approvals and exempt.



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