GST leviable on sale of TDR/FSI received for surrendering joint rights in land

In re Vilas Chandanmal Gandhi (GST AAR Maharashtra)

Question A: Whether GST is leviable on sale of Transferable Development Rights (‘TDR’)/ Floor Space Index (‘FSI’) received as consideration for surrendering the joint rights in land in terms of Development Control Regulations and granted in light of the article of agreement dated 18 December 2017 entered between the Applicant and Pune Municipal Corporation (‘PMC’) read with Development Control Regulations?

Answer:- Answered in the affirmative.

Question B:- If yes, what will be classification under GST and what will be applicable rate of GST?

Answer: – GST classification will be under Heading 9972 and the applicable rate of GST 18% (9% CGST+ 9% SGST).

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