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2018 (10) TMI 1868 - AAR - GSTLevy of GST - booking/selling of plots to be done by The Applicants and Land owners during the development (before completion of the development work of the township) of the township - share of licensed plotted area agreed to be provided by the land Owners to the Applicant (developer) - Taxable value - rate of tax. Booking/sale of developed plots by the Applicant and the land owners - HELD THAT:- It amounts to sale of land and the understanding of the Applicant of the law regarding this aspect of the transaction is correct. From the conjoint reading of Section 7 and Paragraph 5 of Schedule III of SGST/CGST Act, any activity/transaction in the nature of “Sale of Land” is not covered with in the preview of GST, hence no GST is payable on the transaction resulting in the sale of lands. Transaction of transferring 20% share of their plots by the landowners to the Applicant - HELD THAT:- The question is itself answered in the querry of the Applicant that it is consideration for the works contract services rendered by the Applicant and therefore, we do not agree with the understanding of law by the Applicant on this part of the transaction. The transfer value of the plots will be considered as consideration paid by the land owners for the services rendered by the Applicant for development of their land and will be regarded as 'works contract, services attracting 18% GST.
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