UNION TERRITORY TAX (RATE) NTF NO. 08/2019 DATE 29/03/2019
Seeks to amend notification No. 1/2017- Union Territory Tax (Rate) so as to notify UTGST rate of certain goods 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 (1) of section 7, clause (iv) of section 21 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017), read with sub-section (5) of section 15 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (herein after referred to as the “said Act”), 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.1/2017-Union Territory (Rate), dated the 28th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), videnumber G.S.R. 710 (E), dated the 28thJune, 2017, namely:-
In the said notification, in Schedule III -9%, afterserial number 452P in column (1) and the entries relating thereto, the following serial number and entries shall be inserted, namely: -
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(1) |
(2) |
(3) |
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“452Q |
Any chapter |
Supply of any goods other than capital goods and cement falling under chapter heading 2523 in the first schedule to the Customs Tariff Act, 1975 (51 of 1975), by an unregistered person to a promoter for construction of the project on which tax is payable by the promoter as recipient of goods under sub-section 4 of section 9 of the Union TerritoryGoods and Services Tax Act, 2017 (12 of 2017), as prescribed in notification No. 07 / 2019-Union TerritoryTax (Rate), dated 29th March, 2019, published in Gazette ofIndia vide G.S.R. No. __, dated 29th March, 2019
Explanation.For the purpose of this entry,–
(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 commercial apartments is not more than 15 per cent.of the total carpet area of all the apartments in the REP.
(v) This entry is to be taken to apply to all goods which satisfy the conditions prescribed herein, even though they may be covered by a morespecific chapter/ heading/ sub heading or tariff item elsewhere in this notification. |
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
Note: -The principal notification No.1/2017-Union TerritoryTax(Rate), dated the 28thJune, 2017 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 710 (E), dated the 28thJune, 2017 andlast amended by notification No. 24/ 2018-Union Territory Tax (Rate), dated the31stDecember, 2018, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 1267(E), dated the 31stDecember, 2018.
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