Case Law Details

Case Name : In re M/s S.K. Properties (GST AAR Karnataka)
Appeal Number : Advance Ruling No. KAR ADRG 41/2020
Date of Judgement/Order : 10/08/2020
Related Assessment Year :
Courts : AAR Karnataka (247) Advance Rulings (1533)

In re M/s S.K. Properties (GST AAR Karnataka)

1. The applicant sought Applicability of GST on Land owners share of constructed residetail flats, since Joint development agreement entered between Land owner and Builder entered before the commencement of construction of the building and Constructed residential flats handed over before completion.

2. If GST Applicable on point 1, what will be the rate of GST and the value on which GST is applicable.

3. Applicability of GST on Land owners share of constructed residential flats, since Joint development agreement enered between Land owner and Builder entered before the commencement of construction of the building and costructed residential flats handed over after completition.

The Applicant requested to permit them to withdraw the application filed for advance Ruling manually vide letter dated 24.07.2020. The Application filed by the Applicant for advance ruling is disposed off as withdrawn.

FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, KARNATAKA

1. M/s S.K. Properties, Flat No.100, Annai Residency, Ground Floor, 4th Main, Hoysala Nagar, Ramamurthy Nagar, Bangalore-560016, Karnataka, having GSTIN number 29ACNFS98921ZD, have filed an application for Advance Ruling under Section 97 of CGST Act, 2017 & KGST Act, 2017 read with Rule 104 of CGST Rules 2017 & KGST Rules 2017, in form GST ARA-01 discharging the fee of Rs. 5,000/- each under the CGST Act and the KGST Act.

2. The applicant is a partnership firm, engaged in construction of residential apartments, The Applicant entered into an agreement with land lord M/s Panchajanya builders & developers to construct 32 residential apartment which consists of Total super Built up area is 41096 SFT out of which land owner share built up area is to the extent of 16,415 SFT, as per agreement. In this regard, the applicant sought advance ruling in respect of the following questions.

i. Applicability of GST on Land owners share of constructed residential flats, since joint development agreement entered between Land owner and Builder entered before the commencement of construction of the building and constructed residential flats handed over before Completion.

ii. If GST applicable on point 1, what will be the rate of GST and the value on which GST is applicable.

iii. Applicability of GST on Land owner’s share of constructed residential flats, since Joint development agreement entered between Land owner and Building and Constructed residential flats hand over after completion.

iv. If GST applicable on point 3, what will be the rate of GST and the value on which GST is applicable.

3. The applicant had filed application through online ARA-O1 portal on 11-09-2018. However, the applicant has filed physical copy of the application along with a letter dated 24.07.2020, requesting this authority to permit them to withdraw their application for advance ruling.

4. In view of the above, we pass the following

RULING

The Application filed by the Applicant for advance ruling is disposed off as withdrawn.

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