The short point for determination was whether GST is applicable own land converted to residential lands and their sale to individuals?

Case Title

Rabia Khanum vs Commissioner of Commercial taxes and Customs and indirect taxes

Court

Authority for Advance Ruling Karnataka

Honorable Judges

 Member M.P. Ravi Prasad and Member T. Kiran Reddy

Citation

2022 (9) GSTPanacea 405 HC Karnataka

Advance Ruling No. KAR ADRG 31/2022

Judgement Date

08-September-2022

Council for Petitioner

Mr. Santosh S

Council for Respondent

Not applicable

In favour of

Petitioner

Section

Entry No. 5 of schedule III of CGST Act 2017

The Authority for Advance Ruling, M.P. Ravi Prasad and T. Kiran Reddy, has held that AAR held that GST is not applicable for the consideration received on sale of site, GST is not applicable for the advance received towards sale of site and GST is not applicable on sale of plots/sites even when they are sold after completion of works related to basic necessities

FACTS OF THE CASE

The case was that The Applicant is an individual who owns land and planning to convert that land into residential sites and sell them to individuals and the applicant seeks advance ruling whether GST is applicable on sale of these sites.

COURT HELD

The AAR has held that:

  1. GST is not applicable for the consideration received on sale of site.
  2. GST is not applicable for the advance received towards sale of site.

   3.GST is not applicable on sale of plots/sites even when they are sold after completion of works related to basic necessities. hus in view of entry No. 5 of schedule III of CGST Act 2017 and clarification issued by CBIC mentioned supra we hold that sale of land does not attract GST.

ANALYSIS OF THE JUDGEMENT

By noticing the above order we analyse CBIC has clarified that land may be sold either as it is or after some development such as levelling, laying down of drainage lines, water lines, electricity lines and sale of such developed land is also sale of land and is covered by Sr. No. 5 of Schedule III of the Central Goods and Services Tax Act, 2017 and accordingly does not attract GST. AAR held that GST is not applicable for the consideration received on sale of site, GST is not applicable for the advance received towards sale of site and GST is not applicable on sale of plots/sites even when they are sold after completion of works related to basic necessities.

Download PDF:
Rabia Khanum

For Reference Visit:
Karnataka AAR

Read Another Case Law:
GST Case Law