Case Law Details
In re Karma Buildcon (GST AAAR Gujarat)
In para 2 of Not No. 11/2017-CT (Rate), as amended vide Not. No. 01/2018-CT (Rate), there is deemed provisions that the value of transfer of land or undivided share of land, as the case may be, and the value of such transfer of land or undivided share of land, as the case may be, in such supply shall be deemed to be one third of the total amount charged for such supply. Accordingly, the appellant contention to allow the deduction of actual value of land from the sale value on the grounds that their land value is ascertainable and other grounds is not legal in terms of para 2 of Not No. 11/2017-CT (Rate) as amended vide Not. No. 01/2018-CT (Rate).
We find that the reliance of Rule 18(A)(A) of the erstwhile Gujarat Value Added Tax Rules, 2006 is unjustified in the instant case since the Value Added Tax Act has been subsumed with GST Act. The Value Added Tax Act does not have any legal value in determination of GST liability since the value of supply is to be arrived in terms of the provisions of the GST Act.
In view thereof, we confirm the Advance Ruling No. GUJ/GAAR/R/33/2020 dated 02.07.2020 of the Gujarat Authority for Advance Ruling and reject the appeal filed by M/s. Karma Buildcon
FULL TEXT OF ORDER OF APPELLATE AUTHORITY OF ADVANCE RULING, GUJARAT
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