Page 139 - GSTL_13th August 2020_Vol 39_Part 2
P. 139

2020 ]               IN RE : HAZARI BAGH BUILDERS PVT. LTD.          225

                             Sl.   Chapter,   Description of    Rate   Condition
                            No.   Section,     Services     (per
                                 Heading,                  cent.)
                                 Group or
                                  Service
                                   Code
                                  (Tariff)
                            41B   Heading Upfront   amount  Nil  Provided that  the pro-
                                   9972   (called as premium,   moter shall be liable to
                                          salami, cost,  price,   pay tax at the applica-
                                          development           ble rate, on reverse
                                          charges or by any     charge basis,  on such
                                          other name)  paya-    proportion of upfront
                                          ble in respect of     amount (called as pre-
                                          service by way of     mium, salami, cost,
                                          granting of long      price,   development
                                          term lease of  thirty   charges or by any other
                                          years, or more, on    name)  paid for long
                                          or after 1-4-2019, for   term lease of land, as is
                                          construction of  res-  attributable to the resi-
                                          idential apartments   dential   apartments,
                                          by a promoter in a    which   remain   un-
                                          project, intended for   booked on the date of
                                          sale to a buyer,      issuance of completion
                                          wholly or  partly,    certificate, or  first oc-
                                          except where the      cupation of the project,
                                          entire consideration   as the  case may be, in
                                          has been received     the following manner -
                                          after issuance of     [GST payable on up-
                                          completion certifi-   front amount (called as
                                          cate,  where  re-     premium, salami, cost,
                                          quired, by the com-   price,   development
                                          petent authority or   charges or by any other
                                          after its first  occu-  name) payable for long
                                          pation, whichever is   term lease of  land for
                                          earlier.              construction  of  the
                                          The amount of GST     residential apartments
                                          exemption available   in the project but for
                                          for construction of   the  exemption  con-
                                          residential  apart-   tained herein] x (carpet
                                          ments in the project   area of the residential
                                          under this notifica-  apartments in  the pro-
                                          tion shall  be calcu-  ject which remain un-
                                          lated as under :      booked on the date of
                                          [GST  payable on      issuance of completion
                                          upfront   amount      certificate or first occu-
                                          (called as premium,   pation ÷ Total carpet
                                                                area of the residential
                                    GST LAW TIMES      13th August 2020      139
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