GST on Real Estate Sector w.e.f. 1st April, 2019

The following is a summary of decisions taken by the GST Council in its 34th Meeting held on 19th March, 2019 regarding GST on the real estate sector.

To reduce the burden of GST on home buyers, GST council has reduced the rate of tax to 5% without ITC for non-affordable houses and 1% without ITC for affordable house. Here, affordable house/flat is one of carpet area up to 90 sq.m. in non-metropolitan cities and 60 sq.m. in metropolitan cities, having value up to Rs.45 lakhs only, in both cases.

The proposed rates shall apply from 1st April, 2019.

Conditions for Availing the New Tax Rates

1. Input Tax Credit shall not be available on adoption of new rates. However, ITC shall be available to those who continue to pay tax under the old rate.

2. 80% of inputs and input services (other than capital goods, TDR/JDA, FSI, long term lease) shall be purchased from registered persons. On shortfall of purchase from 80%, tax shall be paid by builder @18% on RCM basis. However, tax on cement purchased from unregistered person shall be paid @28% under RCM basis.

Taxing Options for Ongoing Projects

1. Under construction projects shall be given a one-time option to continue to pay tax at old rates (effective rates of 8% or 12% with ITC) on ongoing projects (building where construction and actual booking have both started before 01.04.2019) which have not been completed by 31.03.2019.

2. The option shall be exercised once within the prescribed time, and where the option is not exercised, new rates shall apply.

Transition for Ongoing Projects

1. Ongoing projects not completed by 31.03.2019 shall transition the ITC in proportion to booking of the flat and invoicing done for the booked flat, subject to a few safeguards.

2. For a mixed project, transition shall also allow ITC on pro-rata basis in proportion to carpet area of the commercial portion in the ongoing projects (on which tax will be payable @12% with ITC even after 01.04.019) to the total carpet area of the project.

Transfer of Development Rights (TDR) & Floor Space Index (FSI)

The following treatment shall apply to TDR/FSI and long-term lease for projects commencing after 01.04.2019

1. Supply of TDR, FSI, long term lease (premium) of land by a land owner to a builder shall be exempted from GST if flats are sold before issuance of completion certificate and tax is paid on them. Exemption of TDR, FSI, long term lease (premium) shall be withdrawn in case of flats sold after issue of completion certificate, but such withdrawal shall be limited to 1% of value in case of affordable houses and 5% of value in case of other than affordable houses.

2. Builder has to pay GST on RCM basis. It means liability to pay tax on TDR, FSI, long term lease has been shifted from land owner to builder.

3. The builder has to pay tax under RCM basis, in respect of flats sold after completion certificate, on the date of issue of completion certificate.

Input Tax Credit (ITC) in case of Sales Promotion Activities

The GST Department has recently offered great relief to the FMCG industry by clarifying on a few matters with respect to supply of free articles under schemes such as "Buy One, Get One", where ITC was not being allowed in proportion to the free supplies made by such companies.

The details are as follows.

A. Free Sample and Gifts (No ITC): 

It is a common practice in trade and industry, such as, garment industries which often provide free sample or gifts to increase sales volume and to attract customers without any consideration.

According to section 7(1)(a) of said Act, supply made without any consideration shall be not treated as supply under GST (except in case of activities mentioned in Schedule I of the said Act).

It is clarified that input tax credit shall not be available to the supplier on the inputs, input services and capital goods to the extent they are used in relation to the gifts or free samples distributed without any consideration.

However, where the activity of distribution of gifts or free samples falls within the scope of ‘supply’ on account of the provisions contained in Schedule I of the said Act, the supplier would be eligible to avail of the ITC.

B. Buy One Get One Free Offer (ITC Available):

Offers like ‘buy one soap and get one free’, are actually not an individual supply of free goods but a case where a single price is charged for two or more individual supplies. Taxability of such supply will be dependent upon whether the supply is a composite supply or a mixed supply and the rate of tax shall be determined as per the provisions of section 8 of the said Act.

It is also clarified that ITC shall be available to the supplier for the inputs, input service and capital goods used in relation to supply of goods or service or both as part of such offers.

C. Discounts on the Face of Invoice or Pre-determined (Reduced from Taxable Value):

Sometimes, suppliers give discounts which increase with the increase in purchase volume. For example, 10% discount on purchase of more than Rs. 5000 and 15% discount on purchase of more than Rs. 10000. Such discounts are often given in the invoice itself.

Suppliers also give periodic discounts, generally at end of the season or at the year end. The discounted amount would be excluded to determine the value of supply. Such discounts are passed by the supplier by issuing credit notes.

It has been clarified in this regard that ITC shall be available to the supplier for the inputs, input service and capital goods used in relation to supply of goods or service or both as part of such offers.

D. Secondary Discount (Not Deducted from Taxable Value):

When discount is provided after sale it is termed as secondary discount. For example, M/s A supplies 10000 packets of biscuits to M/s B at Rs. 10/- per packet. Afterwards, M/s A re-values it at Rs. 9/- per packet. Subsequently, M/s A issues credit note to M/s B for Rs. 1/- per packet.

Discounts in cases such as these do not fulfill the conditions laid out in section 15(3)(b) of the Act. It has been clarified in this regard that financial / commercial credit notes can be issued by the supplier even if they don’t fulfill the conditions under the aforementioned section, i.e. credit notes can be issued as a commercial transaction between two contracting parties.

It is also clarified that such secondary discounts shall not be excluded while determining the value of supply since they are not known at the time of supply, and there is no impact on availability or otherwise of ITC in the hands of supplier in this case.



Compiled by:


Shivam Tiwari
Articled Assistant
GST Team
Sandeep Ahuja & Co.

Completion of Audit Training Workshop

A few Articled Assistants of Sandeep Ahuja & Co. completed a training workshop on Internal Audits on 9th March, 2019 at the Gurgaon office of the firm.

Left to Right (Standing): Ritik Chandel, Saino Susan Varghese, Robin Singh Dhama, Kriti Makker, Amit Soam, Megha Bansal, Vijay Raghav, Pushkar Tayal, Shivam Tiwari, Mayur Sahni, Tanveer Alam, Sahil Sardana, Shivangi Jain, Piyush, Akash Arora, Kashika Ahuja, Aditya Harsh, Lovely Sharma, Harshit Singh

Partners (Sitting): Sarthak Ahuja, Surekha Ahuja, Sandeep Ahuja

March 2019 - Due Date Calendar

7th March 2019: Income Tax TDS/TCS payment for the month of February 2019.

10th March 2019: Monthly GST-TDS/TCS payment in form GSTR-7 for the month of February 2019 under GST.

11th March 2019: GST Filing of returns by registered person with aggregate turnover more than 1.50 crores (GSTR-1) for February 2019.

15th March 2019: Due date for forth and last installment/ entire amount of advance tax for Assessee having presumptive basis income,

15th March 2019: Due date for PF and ESIC payment.

20th March 2019: GST monthly return for the month of February 2019 (GSTR-3B) 

25th March 2019: Due date for filing monthly return of PF

30th March 2019: Challan cum statement for TDS u/s 194 IA for immovable property and 194 IB for rent payment for February 2019.

31st March 2019: Due date for filing of GSTR 3B and 1 from July 2017 to September 2018 without late fees

31st March 2019: Due date for filing of ITC 4 under GST for claiming Input tax credit on goods sent for job works for the period July 2017 to December 2018.

31st March 2019: Last date for linking Aadhar with PAN.