No GST will be levied if consideration is received after receipt of Occupancy Certificate : AAR

No GST will be levied if consideration is received after receipt of Occupancy Certificate : AAR Karnataka in matter of Bindu Ventures The applicant has sought ruling in respect of below mentioned questions : (1) Which date should be considered as the date of completion of the property the date of receipt of necessary approvals from BBMP / Karnataka Pollution Control Board / Karnataka Electricity Board or the date of receipt of completion certificate from a registered Chartered Engineer. (2) Whether the applicant is liable to pay GST on any amount received as consideration towards sale of completed offices, after the date of completion, where part of the consideration was received prior to the date of completion as determined in question (a) above (3) Whether the applicant is liable to pay GST on the consideration received as consideration towards the sale of completed offices, where the entire consideration is received after the date of completion of construction as determined in question number (a) above The Extract of ruling is given below:

Ruling

1. The date of Occupancy Certificate issued by the competent authority, i.e. Bruhat Bengaluru Mahanagara Palike should be treated as the date of completion of the construction. 2. If any part of the consideration is received before such date of completion, then the transaction would be considered as the supply of services in terms of entry 5 of Schedule II to the GST Acts, and liable for GST. 3. If the entire consideration is received after the date of completion, then the transaction would not be liable to GST. Click here to download the ruling