| Question And Answer | |
|---|---|
| Subject: | GST DEMAND FROM DEVELOPERS UNDER RCM ON PAYMENTS MADE TO BMC FOR FSI PREMIUM AND DEVELOPMENT CHARGES |
| Category: | GST |
| Querist: | DIMPLE SHARAD SHAH |
| Answered by: | Law Intern |
| Tags: | GST |
| Date: | June 4, 2026 |
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.
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.