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2019 (8) TMI 395 - AAR - GSTLevy of GST - work executed under JDA on land owner's portion where work commenced during pre- GST and continued under GST Law - Valuation for payment of tax for such supply - time of supply - HELD THAT:- The supply of construction service provided by the applicant to the land owner is in the nature of Barter - the applicant received the consideratin in the form of developement rights which is other than money and qualifies to be Consideration. therefore in the instant case the supply is in the form of barter and the consideration is in the form of developement rights and is in the course of furtherance of business - the activity falls squarely falls under 'supply' under CGST Act, 2017. Value of supply - HELD THAT:- The value for levy of tax is to be determined in terms of para 2 of N/N. 11/2017-CT (Rate) dated 28-06-2017. Time of supply - HELD THAT:- The construction commenced during pre-GST regime and continued thereafter. Further the applicant has not furnished any information as to whether the applicant has transferred the possession of the land owner's share of flats or not. Hence it is inferred that the possession of the land owners share of flats has not been given to the land owner. Therefore the aid possession obviously would happen during GST regime and hence would attract applicable GST - In terms of N/N. 4/2018-CT(Rate) dated 25-1-2018 the time of supply would fall under the purview of GST law. The Applicant is liable to pay GST towards work executed under Joint Development Agreement on Land owner's portion, on the value to be arrived at in terms of para 2 of the Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017 at the time of transfer Of possession of the land owners' portion of the fiats.
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