In re The Kreations Builders & Devlopers (GST AAR Maharashtra)
It is mandatory as per section 97(1) read with Rule 104 of the CGST/MGST Act to pay applicable fee of Rs. 5000/- each under SGST and CGST Act to be deposited as per the provision of Section 49 of the Act. If not the application would be treated as an incomplete application liable for rejection. Details regarding the payment of fee for the filing an application for advance ruling is also clarified vide Circular No. 25/25/2017-GST by GOI, Ministry of finance, Department of Revenue, Central Board of rxcise and Customs, GST Policy Wing, New Delhi dated 21st December, 2017 wherein, in point no. 4 mentioned that the applicant can make the payment of the fee of Rs. 5000/-each under CGST and the respective SGST ACT. In the instant case, applicant has deposited only a fee of Rs. 5000/- and not the full amount. As such application is incomplete and is liable for rejection.
FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING,MAHARASHTRA
The present application has been filed under section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as the “CGST” Act and “MGST Act” respectively] by M/s THE KREATIONS BUILDERS & DEVELOPERS, seeking an advance ruling raising the following question:
1) Whether, as per notification no. 01/2018 – Central Tax (Rate) dated 25th January, 2018 can works?
2) Facts in Brief-
Mr. Madan Khadgi, proprietor of M/s The Kreations Builders and Developers is in the business of construction of flats for sale to prospective buyers. At present he is undertaking only a single project named “Safalvaa” which is having only 1 Bed Room Kitchen (BHK) residential units in his project. The project is having infrastructure status and affordable housing in terms of Notification of Government of India, Ministry of Finance, Department of Economics Affairs vide F No 13/06/2009-INF. dated the 30 March 2017 Madan Khadgi has appointed M/s Loomcraft Shade Systems Private Limited as main contractor for execution of the project .
3) Question(s) on which Advance Ruling is required –
