Question And Answer
Subject: What is the GST rate on Development and other charges
Category: 
Querist: Dimple Shah
Answered by:
Tags: , ,
Date: March 26, 2023
Query asked by Dimple Shah

GST rate on development charges or infrastructure charges collected by builder from customer. If its part of agreement value can it be at 1% or 5%

File Uploaded: Not Available


Answer given by

Since it is part of agreement for sale of flat, it will be composite supply and liable to tax as per tax of Principal Supply. Since the Principal supply is taxable at 1% or 5%, the development charges and infrastructure charges will also be liable to 1% or 5% as the case may be.
However reference can be made to some contradictory advance rulings. In case of M/s Puranik Builders Ltd. (GST-ARA-68/2019-20/B-52 dated 27.08.2021) based on fact that for stamp duty purpose, other charges are not considered as not part of sale price of flat, the Maharashtra AAR has ruled that it is separate service liable to tax separately at 18%.
In advance ruling in case of Bengal Peerless Housing Development Company Ltd. 2019-VIL-130-AAR dated 02.05.2019 the WB AAR has held that charges towards common facilities are part of Composite supply of construction service of flat and therefore liable at the same rate applicable to sale of flat.
Thus, there are different views but in my opinion the development charges and other charges mentioned in agreement are composite supply and liable at applicable rate of 1% or 5%.



Disclaimer: This article is only for general information and is not intended to provide legal advice. Readers desiring legal advice should consult with an experienced professional to understand the current law and how it may apply to the facts of their case. Neither the author nor itatonline.org and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information in this article nor for any actions taken in reliance thereon. No part of this document should be distributed or copied (except for personal, non-commercial use) without express written permission of itatonline.org
One comment on “What is the GST rate on Development and other charges
  1. Dimple says:

    Share new post on SGt and Income Tax

Leave a Reply

Your email address will not be published. Required fields are marked *

*