UNION TERRITORY TAX (RATE) NTF NO. 05/2019 DATE 29/03/2019
Seeks to amend notification No. 13/2017- Union Territory Tax (Rate) so as to specify services to be taxed under Reverse Charge Mechanism (RCM) as recommended by Goods and Services Tax Council for real estate sector.
GSR. (E). - In exercise of the powers conferred by sub-section (3) of section 7 of the Union Territory Goods and Services Tax Act, 2017 (14of 2017), the Central Government, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.13/2017-Union Territory Tax (Rate), dated the 28th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), videnumber G.S.R. 704(E), dated the 28th June, 2017, namely:-
In the said notification, -
(i) in the Table,afterserial number 5Aand the entries relating thereto, the following serial number and entriesshall be inserted,namely: -
|
(1) |
(2) |
(3) |
(4) |
|
“5B |
Services supplied by any person by way of transfer of development rights or Floor Space Index (FSI) (including additional FSI) for construction of a project by a promoter. |
Any person |
Promoter. |
|
5C |
Long term lease of land (30 years or more) by any person against consideration in the form of upfront amount (called as premium, salami, cost, price, development charges or by any other name) and/or periodic rent for construction of a project by a promoter. |
Any person |
Promoter.”; |
(ii) in the Explanation, afterclause (h), the following clausesshall be inserted, namely: -
“(i) The term “apartment” shall have the same meaning as assigned to it in clause (e) under section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2017).
(j) the term “promoter” shall have the same meaning as assigned to it in clause (zk) under section 2 of the Real Estate (Regulation and Development) Act, 2016(16 of 2017).
(k) the term “project” shall mean a Real Estate Project (REP) or a Residential Real Estate Project(RREP);
(l) “the term “Real Estate Project (REP)” shall have the same meaning as assigned to it in in clause (zn) of section 2 of theReal Estate (Regulation and Development) Act, 2016(16 of 2016).
(m) The term “Residential Real Estate Project (RREP)” shall mean a REP in which the carpet area of the commercialapartments is not more than 15 per cent.of the total carpet area of all the apartments in the REP.
(n) “floor space index (FSI)” shall mean the ratio of a building’s total floor area (gross floor area) to the size of the piece of landupon which it is built.”.
2. This notification shall come into force with effect from the 1stof April, 2019.
[F. No. 354/32/2019-TRU]
(Pramod Kumar)
Deputy Secretary to the Government of India
Note: -The principal notification No. 13/2017 -UnionTerritoryTax (Rate), dated the 28th June, 2017 was published in the Gazette of India, Extraordinary, vide number G.S.R. 704(E), dated the 28th June, 2017 and was last amended by notification No.29/2018- Union Territory Tax (Rate), dated the 31stDecember, 2018 vide number G.S.R. 1281(E),dated the 31st December, 2018.
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