UNION TERRITORY TAX (RATE) NTF NO. 07/2019 DATE 29/03/2019
Seeks to notify certain services to be taxed under RCM under section 7(4) of UTGST Act as recommended by Goods and Services Tax Council for real estate sector.
G.S.R. (E). - In exercise of the powers conferred by sub-section (4) of section 7 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017), the Central Government,on the recommendations of the Council, here by notifies that the registered person specified in column (3) of the table below, shall in respect of supply of goods or services or both specified in column (2) of the Table below, received from an unregistered supplier shall pay tax on reverse charge basis asrecipient of such goods or services or both, namely:-
Table
|
Sl. No. |
Category of supply of goods and services |
Recipient of goods and services |
|
(1) |
(2) |
(3) |
|
1 |
Supply of such goods and services or both [other than services by way of grant of development rights, long term lease of land (against upfront payment in the form of premium, salami, development charges etc.) or FSI (including additional FSI)]whichconstitutethe shortfall from the minimum value of goods or services or both required to be purchased by a promoter for construction of project, in a financial year (or part of the financial year till the date of issuance of completion certificate or first occupation, whicheveris earlier) as prescribed in notification No. 11/ 2017-Union TerritoryTax (Rate), dated 28thJune, 2017, at items (i), (ia), (ib), (ic) and (id)against serial No. (3)in the table, published in Gazette ofIndia vide G.S.R. No. 702 (E),dated 28thJune, 2017, as amended. |
Promoter. |
|
2 |
Cement falling in chapter heading 2523 in the first schedule to the Customs Tariff Act, 1975 (51 of 1975)which constitute the shortfall from the minimum value of goods or services or both required to be purchased by a promoter for construction of project, in a financial year (or part of the financial year till the date of issuance of completion certificate or firstoccupation, whichever is earlier) as prescribed in notification No. 11/ 2017-Union TerritoryTax (Rate), dated 28thJune, 2017,at items (i), (ia), (ib), (ic) and(id) against serial No. 3in the table, published in Gazette ofIndia vide G.S.R. No.702 (E), dated 28thJune, 2017, as amended. |
Promoter. |
|
3 |
Capital goods falling under any chapter in the first schedule to the Customs Tariff Act, 1975 (51 of 1975)supplied to a promoter for construction of a project on which tax is payable or paid at the rate prescribed foritems (i), (ia), (ib), (ic) and (id)against serial number 3 in the Table, in notification No. 11/ 2017-Union TerritoryTax (Rate), dated 28thJune, 2017, published in Gazette ofIndia vide G.S.R. No. 702 (E), dated 28thJune, 2017, as amended. |
Promoter |
Explanation.-For the purpose of this notification, -
(i) the term “promoter” shall have the same meaning as assigned to it in in clause (zk) of section 2 of theReal Estate (Regulation and Development) Act, 2016(16 of 2016);
(ii) “project” shall mean a Real Estate Project (REP)or a Residential Real Estate Project (RREP);
(iii) 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);
(iv) “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.(v) “floor space index (FSI)” shall mean the ratio of a building’s total floor area (gross floor area) to the size of the pieceof land upon which it is built.
2. This notification shall come into force with effect fromthe1stof April, 2019.
[F. No. 354/32/2019-TRU]
(Pramod Kumar)
Deputy Secretary to the Government of India
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