Page 140 - GSTL_13th August 2020_Vol 39_Part 2

226 GST LAW TIMES [ Vol. 39
salami, cost, price, apartments in the pro-
development ject) :
charges or by any Provided further that
other name) paya- the tax payable in
ble for long term terms of the first provi-
lease of land for so shall not exceed 0.5
construction of the per cent, of the value in
project] x (carpet case of affordable resi-
area of the residen- dential apartments and
tial apartments in 2.5 per cent, of the val-
the project ÷ Total ue in case of residential
carpet area of the apartments other than
residential and affordable residential
commercial apart- apartments remaining
ments in the pro- un-booked on the date
ject) of issuance of comple-
tion certificate or first
occupation.
The liability to pay
central tax on the said
proportion of upfront
amount (called as pre-
mium, salami, cost,
price, development
charges or by any other
name) paid for long
term lease of land, cal-
culated as above, shall
arise on the date of
issue of completion
certificate or first occu-
pation of the project, as
the case may be.

Therefore, the amount deposited by the applicant company i.e. M/s. Hazari
Bagh Builders Pvt. Ltd., Ajmer appears not exempted from the purview of GST.
Thus, in view of this office, reply for question No. 3 is not affirmative.
E. Findings, Analysis & Conclusion :
(1) We have considered the submissions in their application and during
the personal hearing made by the applicant, we find that the Rail
Land Development Authority (hereinafter referred to as “RLDA”),
New Delhi issued a Request for Proposal (RFP) vide RFP No.
RLDA/RFP/CD/07, dated 15-2-2018 for residential development of
7.337 Ha (approx.) of Railways land at Hazari Bagh, Ajmer on lease
for 99 years. The portion of 7.337 Ha land has two plots viz. Plot A
of 2.25 Ha and Plot B of 5.08 Ha.
(2) The consortium of M/s. H.S. Mehta Infra Private Limited (Lead
Member), M/s. G.S. Build Estate Private Limited and M/s. Sankalp

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