80% of purchases of input & Input services from registered persons, Goods and Services Tax - GST

[VISWANATH YARRAPAREDDY]

Sir,

One firm is constructed one apartment consisting of 10 flats and one flat sold during the construction period and the GST paid on the same but the remaining 9 flats were sold after obtaining the occupation certificate (OC), hence GST has not paid on 9 flats.

Our doubts are:

1. 80% purchase of input & Input services from registered persons is applicable for entire apartment or only to the extent of one flats

2. If all flats are sold after obtaining the occupation certificate (OC), then still is it applicable (80% of input & input services from registered persons)

Posts / Replies

[Rajagopalan Ranganathan]

Sir,

In respect of 9 flats which are sold after obtaining occupancy certificate are exempt from tax. Hence the question of availing ITC in respect of these 9 flats does not arise. Therefore the question of availing ITC subject to the condition that 80% purchase of input & Input services from registered persons does not arise. In respect of one flat which was sold prior to obtaining occupancy certificate on which gst has been paid the above condition is applicable.

[Ganeshan Kalyani]

I agree with the views of Sri Rajagopalan Sir.