This presentation is with respect to GST applicability on Construction Sector. The Construction Sector is one of the sectors where numerous amendments have been made in last 4 year. In this presentation author has tried to summarize such amendments in brief summary.
In this regard, the Author has summarised applicability of GST from the perspective of Construction Sector covering topics as given below
1. Outward Supply
3. Joint Development Agreement
4. Transferable Development Rights
5. Affordable housing scheme
6. Antiprofiteering Applicability
7. E-Invoice Applicability
Looking into the numerous changes in case of Construction industry, it is crucial for the development to decode changes and impact of the same. This presentation discusses about certain key aspects and challenges in the days to come and also practical aspects of the GST Departmental Audit for Construction Sector
Author Bio
Of relevance -wrt the Guj. HC recent Judgment laying down a mixed formula for abatement of GST levy on ‘ land’ element (:
< -"Why homebuyers are likely to pay less GST on buying under-construction properties."
Instead , to ask -why pay GST at all?
"Personally, me NOT AWARE OF EVEN A SINGLE INSTANCE (open to correction, if me were wrong) in which any break up of the total price , -that is, how much of it is respectively for land and for ‘construction’ ,- given in the contract agreement. In fact, GST liability is covered, in general, specified as payable and to be borne by buyer. For that matter, even in the Invoices issued, buyer is not made aware whether GST payable and collected from buyer is net of ITC seller is entitled to or not. As such, this has always been a grey area/unchallenged loophole, left open for seller to cheat buyer and make excessive profit, resulting in hidden ‘undue enrichment’ of either the seller or the government, as the case may be.
Most importantly, the mixed formula suggested by the Guj. HC cannot , one firmly believes, be regarded to be a fool -/safe- proof mechanism for reckoning/quantifying the proper abatement of GST for land. Premised so, if, as anticipated the dispute is taken to the apex court , then on this ground alone, GST levy is likely to e struck down as unconstitutional, same way as done by HC earlier in Bansals case.
For MORE, look up the ongoing deliberation in learned circles on FB and Linkedin
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