TMI BlogRates for supply of services under UTGST ActX X X X Extracts X X X X X X X X Extracts X X X X ..... in column (2), shall be levied at the rate as specified in the corresponding entry in column (4), subject to the conditions as specified in the corresponding entry in column (5) of the said Table:- Table Sl.No. Chapter, Section or Heading Description of Service Rate (per cent.) Condition (1) (2) (3) (4) (5) 1 Chapter 99 All Services 2 Section 5 Construction Services 3 Heading 9954 (Construction services ) 77 [(i) Construction of affordable residential apartments by a promoter in a Residential Real Estate Project (herein after referred to as RREP) which commences on or after 1st April, 2019 or in an ongoing RREP in respect of which the promoter has not exercised option to pay Union Territory tax on construction of apartments at the rates as specified for item (ie) or (if) below, as the case may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction of apartments and receives constructed apartments against such transferred rights and sells such apartments to his buyers independently. 113 [ (iii) the landowner-promoter shall be eligible to utilise the credit of tax charged to him by the developer promoter for payment of tax on apartments supplied by the landowner-promoter in such project. ] Provided also that eighty percent of value of input and input services, [other than services by way of grant of development rights, long term lease of land (against upfront payment in the form of premium, salami, development charges etc.) or FSI (including additional FSI), electricity, high speed diesel, motor spirit, natural gas], used in supplying the service shall be received from registered supplier only; Provided also that inputs and input services on which tax is paid on reverse charge basis shall be deemed to have been purchased from registered person; Provided also that where value of input and input services received from registered suppliers during the financial year (or part of the financial year till the date of issuance of completion certificate or first occupation of the project, whichever is ea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required, by the competent authority or after its first occupation, whichever is earlier. (Provisions of paragraph 2 of this notification shall apply for valuation of this service) 3.75 (ib) Construction of commercial apartments (shops, offices, godowns etc.) by a promoter in an RREP which commences on or after 1st April, 2019 or in an ongoing RREP in respect of which the promoter has not exercised option to pay Union Territory tax on construction of apartments at the rates as specified for item (ie) or (if) below, as the case may be, in the manner prescribed therein, intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certificate, where required, by the competent authority or after its first occupation, whichever is earlier. (Provisions of paragraph 2 of this notification shall apply for valuation of this service) 3.75 (ic) Construction of affordable residential apartments by a promoter in a Real Estate Project (herein after referred to as REP) other than RREP , which commences on or after 1st April, 2019 or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se one time option in the Form at Annexure IV to pay Union Territory tax on construction of apartments in a project at the rates as specified for item (ie) or (if), as the case may be, by the 91 [ 20th ] of May, 2019; Provided also that where the option is not exercised in Form at annexure IV by the 91 [ 20th ] of May, 2019, option to pay tax at the rates as applicable to item (i) or (ia) or (ib) or (ic) or (id) above, as the case may be, shall be deemed to have been exercised; Provided also that invoices for supply of the service can be issued during the period from 1st April 2019 to 91 [ 20th ] May 2019 before exercising the option, but such invoices shall be in accordance with the option to be exercised.; ] (if) Construction of a complex, building, civil structure or a part thereof, including,- (i) commercial apartments (shops, offices, godowns etc.) by a promoter in a REP other than RREP , (ii) residential apartments in an ongoing project, other than affordable residential apartments, in respect of which the promoter has exercised option to pay Union Territory tax on construction of apartments at the rates as specifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central Goods and Services Tax Act, 2017 provided by a sub-contractor to the main contractor providing services specified in item (vii) above to the Central Government, State Government, 127 [ Union territory or a local authority ] . 131 [ 6 ] 129 [ **** ] (xi) Services by way of housekeeping, such as plumbing, carpentering, etc. where the person supplying such service through electronic commerce operator is not liable for registration under subsection (1) of section 22 of the Central Goods and Services Tax Act 2.5 Provided that credit of input tax charged on goods and services has not been taken [Please refer to Explanation no. (iv)]. 83 [ (xii) Construction services other than (i), (ia), (ib), (ic), (id), (ie), (if), 132 [ (vii), (viii), ] , (x) and (xi) above. Explanation. - For the removal of doubt, it is hereby clarified that, supply by way of services specified at items (i), (ia), (ib), (ic), (id), (ie) and (if) in column (3) shall attract Union Territory tax prescribed against them in column (4) subject to conditions specified against them ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied premises . 2.5 Provided that credit of input tax charged on goods and services used in supplying the service has not been taken [Please refer to Explanation (iv)] (v) Composite supply of outdoor catering together with renting of premises (including hotel, convention center, club, pandal, shamiana or any other place, specially arranged for organising a function) at premises other than specified premises provided by any person other than- (a) suppliers providing hotel accommodation at specified premises , or (b) suppliers located in specified premises . 2.5 Provided that credit of input tax charged on goods and services used in supplying the service has not been taken [Please refer to Explanation (iv)] (vi) Accommodation, food and beverage services other than (i) to (v) above Explanation: (a) For the removal of doubt, it is hereby clarified that, supplies covered by items (ii), (iii), (iv) and (v) in column (3) shall attract Union Territory tax prescribed against them in column (4) subject to conditions specified against them in column (5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... panied belongings, by air in economy class. 2.5 Provided that credit of input tax charged on goods used in supplying the service has not been taken [Please refer to Explanation no. (iv)] (iv) Transport of passengers, with or without accompanied belongings, by air, embarking from or terminating in a Regional Connectivity Scheme Airport, as notified by the Ministry of Civil Aviation. 2.5 Provided that credit of input tax charged on goods used in supplying the service has not been taken [Please refer to Explanation no. (iv)] 58 [( iva) Transportation of passengers, with or without accompanied baggage, by air, by non-scheduled air transport service or charter operations, engaged by specified organisations in respect of religious pilgrimage facilitated by the Government of India, under bilateral arrangement. 2.5 Provided that credit of input tax charged on goods used in supplying the service has not been taken [Please refer to clause (iv) of paragraph 4 relating to Explanation] ] (v) Transport of passengers by air, with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grated tax on the supply of the service (ii) Transport of goods in a vessel. 2.5 Provided that credit of input tax charged on goods (other than on ships, vessels including bulk carriers and tankers) used in supplying the service has not been taken [Please refer to Explanation no. (iv)] 136 [ (iii) Services of Goods Transport Agency (GTA) in relation to transportation of goods (including used house hold goods for personal use) supplied by a GTA where,- (a) GTA does not exercise the option to itself pay GST on the services supplied by it; 2.5 The credit of input tax charged on goods and services used in supplying the service has not been taken. [Please refer to Explanation no. (iv)] (b) GTA exercises the option to itself pay GST on services supplied by it. 2.5 The credit of input tax charged on goods and services used in supplying the service has not been taken. [Please refer to Explanation no. (iv)] or (1) In r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of input tax charged on goods and services used in supplying the service has not been taken. [Please refer to Explanation no. (iv)] or 6 - 54 [(vi) Multimodal transportation of goods. Explanation.- (a) multimodal transportation means carriage of goods, by at least two different modes of transport from the place of acceptance of goods to the place of delivery of goods by a multimodal transporter; (b) mode of transport means carriage of goods by road, air, rail, inland waterways or sea; (c) multimodal transporter means a person who,- (A) enters into a contract under which he undertakes to perform multimodal transportation against freight; and (B) acts as principal, and not as an agent either of the consignor, or consignee or of the carrier participating in the multimodal transportation and who assumes responsibility for the performance of the said contract. 6 - 137 [ (via) Transport of goods by ropeways. 2.5 The credit of input t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of transport vehicles with 95 [****] operators, other than (i) 140 [ , (ia) ] and (ii) above. 9 -] 11 Heading 9967 (Supporting services in transport) 141 [ Supporting services in transport. Explanation: This entry does not include goods transport service involving Goods Transport Agency (GTA) service, which falls under Heading 9965. 9 - ] 12 Heading 9968 Postal and courier services. 9 - 13 Heading 9969 Electricity, gas, water and other distribution services. 9 - 14 Section 7 Financial and related services; real estate services; and rental and leasing services. 15 Heading 9971 (Financial and related services) 142 [ (i) * ** * ] (ii) Transfer of the right to use any goods for any purpose (whether or not for a specifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 119 [ (ii) Temporary or permanent transfer or permitting the use or enjoyment of Intellectual Property (IP) right. 9 - ] (iii) Transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration. Same rate of union territory tax as on supply of like goods involving transfer of title in goods - (iv) Any transfer of right in goods or of undivided share in goods without the transfer of title thereof. Same rate of union territory tax as on supply of like goods involving transfer of title in goods - 99 [ ** ** ] 22 [(vi) Leasing of motor vehicles purchased and leased prior to 1 st July 2017; 65 per cent. of the rate of Union territory tax as applicable on supply of like goods involving transfer of title in goods. Note:- Nothing contained in this entry shall apply on or after 1 st July, 2020. - 99 [ ** ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents for accommodation, sightseeing or other similar services) by any mode of transport, and includes any person engaged in the business of operating tours. 2.5 1. Provided that credit of input tax charged on goods and services used in supplying the service 35 [, other than the input tax credit of input service in the same line of business (i.e. tour operator service procured from another tour operator)] has not been taken [Please refer to Explanation no. (iv)] 2. The bill issued for supply of this service indicates that it is inclusive of charges of accommodation and transportation required for such a tour and the amount charged in the bill is the gross amount charged for such a tour including the charges of accommodation and transportation required for such a tour. 42 [(ii) Services by way of house-keeping, such as plumbing, carpentering, etc. where the person supplying such service through electronic commerce operator is not liable for registration under sub-section (1) of section 22 of the Central Goods and Services Tax Act, 2017. 2.5 Provided that credit of input tax charged on goods a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - (iii) Support services to mining, electricity, gas and water distribution other than (ii) above. 9 -] 44 [25 Heading 9987 (i) Services by way of house-keeping, such as plumbing, carpentering, etc. where the person supplying such service through electronic commerce operator is not liable for registration under sub-section (1) of section 22 of the Central Goods and Services Tax Act, 2017. 2.5 Provided that credit of input tax charged on goods and services has not been taken [Please refer to Explanation no. (iv)]. 111 [ (ia) Maintenance, repair or overhaul services in respect of aircrafts, aircraft engines and other aircraft components or parts. 2.5 - ] 114 [ (ib) Maintenance, repair or overhaul services in respect of ships and other vessels, their engines and other components or parts. 2.5 - ] (ii) Maintenance, repair and installation (except construction) services, other than (i) 115 [ ,(ia) and (ib) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he First Schedule to the Customs Tariff Act, 1975. ] 9 - 120 [ (ica) Services by way of job work in relation to manufacture of alcoholic liquor for human consumption 9 - ] (id) Services by way of job work other than 121 [ (i), (ia), (ib), (ic) and (ica) ] above; 6 - ] 9 [(ii) Services by way of any treatment or process on goods belonging to another person, in relation to- (a) printing of newspapers; (b) printing of books (including Braille books), journals and periodicals. 24 [(c) printing of all goods falling under Chapter 48 or 49, which attract UTGST @ 2.5 per cent. or Nil.] 2.5 - 24 [(iia) Services by way of any treatment or process on goods belonging to another person, in relation to printing of all goods falling under Chapter 48 or 49, which attract UTGST @ 6 per cent. 6 -] 45 [(iii) Tailoring services 2.5 - (iv) Manu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Services of membership organisations. 9 - 34 Heading 9996 (Recreational, cultural and sporting services) (i) Services by way of admission or access to circus, Indian classical dance including folk dance, theatrical performance, drama 11 [or planetarium]. 9 - (ii) Services by way of admission exhibition of cinematograph films where price of admission ticket is one hundred rupees or less. 64 [ 6 ] - 65 [ (iia) Services by way of admission to exhibition of cinematograph films where price of admission ticket is above one hundred rupees. 9 - ] 125 [ (iii) Services by way of admission to; (a) theme parks, water parks and any other place having joy rides, merry- go rounds, go carting, or (b) ballet, - other than any place covered by (iiia) below 9 - (iiia) Services by way of admission to (a) casinos or race clubs or any place having casinos or race clubs or (b) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 2017 (14 of 2017), as prescribed in notification No. 07 / 2019- Union Territory Tax (Rate), dated 29th March, 2019, published in Gazette of India vide G.S.R. No. _, dated 29th March, 2019 . Explanation. - This entry is to be taken to apply to all services which satisfy the conditions prescribed herein, even though they may be covered by a more specific chapter, section or heading elsewhere in this notification. 9 - ] 48 [2. In case of supply of service specified in column (3), in item (i); []against serial number 3 of the Table above, involving transfer of land or undivided share of land, as the case may be, the value of such supply shall be equivalent to the total amount charged for such supply less the value of transfer of land or undivided share of land, as the case may be, and the value of such transfer of land or undivided share of land, as the case may be, in such supply shall be deemed to be one third of the total amount charged for such supply. Explanation. For the purposes of this paragraph 87 [ and paragraph 2A below ] , total amount means the sum total of,- (a) considerati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax charged on goods or services used partly for supplying such service and partly for effecting other supplies eligible for input tax credits, is reversed as if supply of such service is an exempt supply and attracts provisions of clause (v) of section 21 of the Union Territory Goods and Services Tax Act, 2017 read with subsection (2) of section 17 of the Central Goods and Services Tax Act, 2017 and the rules made thereunder. (v) information technology software means any representation of instructions, data, sound or image, including source code and object code, recorded in a machine readable form, and capable of being manipulated or providing interactivity to a user, by means of a computer or an automatic data processing machine or any other device or equipment. (vi) agricultural extension means application of scientific research and knowledge to agricultural practices through farmer education or training; (vii) agricultural produce means any produce out of cultivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other similar products, on which either no further processing is don ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Estate Project; (xvi) the term affordable residential apartment shall mean, - (a) a residential apartment in a project which commences on or after 1st April, 2019, or in an ongoing project in respect of which the promoter has not exercised option in the prescribed form to pay Union Territory tax on construction of apartments at the rates as specified for item (ie) or (if) against serial number 3, as the case may be, having carpet area not exceeding 60 square meter in metropolitan cities or 90 square meter in cities or towns other than metropolitan cities and for which the gross amount charged is not more than forty five lakhs rupees. For the purpose of this clause, - (i) Metropolitan cities are Bengaluru, Chennai, Delhi NCR (limited to Delhi, Noida, Greater Noida, Ghaziabad, Gurgaon, Faridabad), Hyderabad, Kolkata and Mumbai (whole of MMR) with their respective geographical limits prescribed by an order issued by the Central or State Government in this regard; (ii) Gross amount shall be the sum total of; - A. Consideration charged for the services specified at item (i) and (ic) in column (3) against sl. No. 3 in the Table; B. Amount charged for the transfe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct has started on or before the 31st March, 2019; (c) completion certificate has not been issued or first occupation of the project has not taken place on or before the 31st March, 2019; (d) apartments being constructed under the project have been, partly or wholly, booked on or before the 31st March, 2019. Explanation.- For the purpose of sub- clause (a) and (b) above , construction of a project shall be considered to have started on or before the 31st March, 2019, if the earthwork for site preparation for the project has been completed and excavation for foundation has started on or before the 31st March, 2019. (xxi) commencement certificate means the commencement certificate or the building permit or the construction permit, by whatever name called issued by the competent authority to allow or permit the promoter to begin development works on an immovable property, as per the sanctioned plan; (xxii) development works means the external development works and internal development works on immovable property; (xxiii) external development works includes roads and road systems landscaping, water supply, seweage and drainage systems, electricity supply transfor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the premises where such food or any other article for human consumption or drink is supplied. (xxxiii) Outdoor catering means supply, by way of or as part of any service, of goods, being food or any other article for human consumption or any drink, at Exhibition Halls, Events, Conferences, Marriage Halls and other outdoor or indoor functions that are event based and occasional in nature. (xxxiv) Hotel accommodation means supply, by way of accommodation in hotels, inns, guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes including the supply of time share usage rights by way of accommodation. (xxxv) Declared tariff means charges for all amenities provided in the unit of accommodation (given on rent for stay) like furniture, air conditioner, refrigerators or any other amenities, but without excluding any discount offered on the published charges for such unit. (xxxvi) Specified premises means premises providing hotel accommodation services having declared tariff of any unit of accommodation above seven thousand five hundred rupees per unit per day or equivalent. ] 148 [ (xxxvii) print media means, - (i) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the prescribed manner, before the due date for furnishing of the return for the month of September following the end of financial year 2018-19, in the following manner: 1. Where % completion as on 31st March, 2019 is not zero or where there is inventory in stock (a) Input tax credit on inputs and input services attributable to construction of residential portion in a REP, which has time of supply on or after 1st April, 2019, may be denoted as Tx. Tx shall be calculated as under: Tx=T-Te Where, (i) T is the total ITC availed (utilized or not) on inputs and input services used in construction of the REP from 1st July, 2017 to 31st March, 2019 including transitional credit taken on 1st July, 2017; (ii) Te is the eligible ITC attributable to (a) construction of commercial portion and (b) construction of residential portion, in the REP which has time of supply on or before 31st March, 2019; (b) Te shall be calculated as under: Te=Tc+Tr Where, - Tc is the ITC attributable to construction of commercial portion in the REP, calculated as under: Tc =T * (carpet area of commercial apartments in the REP/ total carpet area of commercial and residential ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is the ITC attributable to construction of commercial portion in the REP, calculated as under: Tc =T3 * (carpet area of commercial apartments in the REP/ total carpet area of commercial and residential apartments in the REP); Wherein T3 = T- (T1 + T2) T1 = ITC attributable exclusively to construction of commercial portion in the REP T2 = ITC attributable exclusively to construction of residential portion in the REP and Tr is the ITC attributable to construction of residential portion in the REP which has time of supply on or before 31.03.2019 and which shall be calculated as under, Tr = (T3 + T2)* F1 * F2 * F3* F4 or Tr = (T- T1)* F1 * F2 * F3* F4 (d) The amounts Tx and Te shall be computed separately for input tax credit of central tax, State tax, Union territory tax and integrated tax. (e) Where, Tx is positive, i.e. Te Explanation: The registered person may file an application in FORM GST DRC- 20 , seeking extension of time for the payment of taxes or any amount due or for allowing payment of such taxes or amount in installments in accordance with the provisions of section 80. The commissioner may issue an order in FORM GST DRC- 21 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... F3 Where, - Tn= Tax paid on such inputs and input services on which ITC is available under the CGST Act, received in 2019-20 for construction of REP F1, F2 and F3 shall be the same as in para 1 above (b) The registered person shall be eligible to take ITC on goods and services received on or after 1st April, 2019 for construction of residential portion in the REP, for which he shall not otherwise be eligible, to the extent of the amount of Te. (c) The amount Te shall be computed separately for input tax credit of central tax, State tax, Union territory tax and integrated tax. 3. Notwithstanding anything contained in paragraph 1 or paragraph 2 above, Te shall be determined in the following situations as under: (i) where percentage invoicing is more than the percentage completion and the difference between percentage invoicing (per cent. points) and the percentage completion (per cent. points) of construction is more than 25 per cent. points; the value of percentage invoicing shall be deemed to be percentage completion plus 25 percent. points; (ii) where the value of invoices issued on or prior to 31st March, 2019 exceeds the consideration actually received ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Resi + Com) C4 + C9 6000 sqm 11 Percentage completion as on 31.03.2019 [as declared to RERA or determined by chertered engineer] 20% 12 No of residential apartments booked before transition 40 units 13 Total carpet area of the residential apartments booked before transition C12 * C3 2800 sqm 14 Value of booked residential apartments C5 * C12 24 crore 15 Percentage invoicing of booked residential apartments on or before 31.03.2019 20% 16 Total value of supply of residential apartments having t.o.s. prior to transition C14 * C15 4.8 crore 17 ITC to be reversed on transition, Tx= T- Te 18 Eligi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.60 crore 6 Total value of the residential apartments C2 * C5 45.00 crore 7 No. of commercial apartments in the project 25 units 8 Carpet area of the commercial apartment 30 sqm 9 Total carpet area of the commercial apartments C7 * C8 750 sqm 10 Total carpet area of the project (Resi + Com) C4 + C9 6000 sqm 11 Percentage completion (Pc) as on 31.03.2019 [as declared to RERA or determined by chertered engineer] 20% 12 No of residential apartments booked before transition 40 units 13 Total carpet area of the residential apartments booked before transition C12 * C3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C11+25% 45% 33 Total value of supply of residential apartments having t.o.s. prior to transition C14*C32 10.80 crore 34 F3 after application of cap C33/C14 0.45 35 Tr= T x F1 x F2 x F3 x F4 (after application of cap) C19 * C22 * C23 * C34 * C25 1.05 crore 36 Eligible ITC (Te)=Tc + Tr (after application of cap) C20 + C35 1.18 crore 37 ITC to be reversed / taken on transition, Tx= T- Te (after application of cap) C19 - C36 -0.18 crore 38 Tx after application of cap on % invoicing vis-a-vis Pc and payment realisation 39 % invoicing after application of cap(Pc + 25%) 45% ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere % completion as on 31st March, 2019 is not zero or where there is inventory in stock (a) Input tax credit on inputs and input services attributable to construction of residential and commercial portion in an RREP, which has time of supply on or after 1st April, 2019, may be denoted as Tx. Tx shall be calculated as under: Tx=T-Te Where, (i) T is the total ITC availed (utilized or not) on inputs and input services used in construction of the RREP from 1st July, 2017 to 31st March, 2019 including transitional credit taken on 1st July, 2017; (ii) Te is the eligible ITC attributable to construction of commercial portion and construction of residential portion, in the RREP which has time of supply on or before 31st March, 2019; (b) Te shall be calculated as under: Te= T* F1 * F2 * F3* F4 Where, - F1= Carpet area of residential and commercial apartments in the RREP _______________________________________________________ Total carpet area of apartments in the RREP (In case of a Residential Real Estate Project, value of F1 shall be 1.) F2= ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n accordance with the provisions of section 80. The commissioner may issue an order in FORM GST DRC- 21 allowing the taxable person further time to make payment and/or to pay the amount in such monthly installments, not exceeding twenty-four, as he may deem fit. (e) Where, Tx is negative, i.e. Te T, the registered person shall be eligible to take ITC on goods and services received on or after 1st April, 2019 for construction of the RREP, for which he shall not otherwise be eligible, to the extent of difference between Te and T. (f) Where percentage completion is zero but ITC has been availed on goods and services received for the project on or prior to 31st March, 2019, input tax credit attributable to construction of residential and commercial portion which has time of supply on or after 1st April, 2019, shall be calculated and the amount equal to Tx shall be paid or taken credit of, as the case may be, as prescribed above, with the modification that percentage completion for calculation of F4 shall be taken as the percentage completion which, as certified by an architect registered with the Council of Architecture constituted under the Architects Act, 1972 (20 of 1972) or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ices used in the percentage of construction completed as on 31st March, 2019 by more than 25 per cent. of value of actual consumption of inputs and input services, the jurisdictional commissioner or any other officer authorized in this regard may fix the Te based on actual per unit consumption of inputs and input services based on the documents duly certified by a chartered accountant or cost accountant submitted by the promoter in this regard, applying the accepted principles of accounting. Illustration 1: Sl. No. Details of a residential real estate project (RREP) A B C D 1 No. of apartments in the project 100 units 2 No. of residential apartments in the project 100 units 3 Carpet area of the residential apartment 70 sqm 4 Total carpet area of the residential apartments C2 * C3 7000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ional credit taken under section 140 of CGST Act' as value of T. Illustration 2: Sl. No. Details of a residential real estate project (RREP) A B C D 1 No. of apartments in the project 100 units 2 No. of residential apartments in the project 100 units 3 Carpet area of the residential apartment 70 sqm 4 Total carpet area of the residential apartments C2 * C3 7000 sqm 5 value of each residential apartment 0.60 crore 6 Percentage completion as on 31.03.2019 [as declared to RERA or determined by chertered engineer] 20% 7 No of apartments booked before transition 80 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.45 27 Te= T x F1 x F2 x F3 x F4 (after application of cap) C14 * C15 * C16 * C26 * C18 1.80 crore 28 ITC to be reversed / taken on transition, Tx= T- Te (after application of cap) C14 - C27 -0.80 crore 29 Tx after application of cap on % invoicing vis-a-vis Pc and payment realisation 30 % invoicing after application of cap(Pc + 25%) 45% 31 Total value of supply of residential apartments having t.o.s. prior to transition C25 21.60 crore 32 consideration received 16.00 crore 33 Total value of supply of residential apartments having t.o.s. prior to transition after application of cap vis-a-vis consideration received 16 cr + ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of grant of development rights, long term lease of land (against upfront payment in the form of premium, salami, development charges etc.) or FSI (including additional FSI), electricity, high speed diesel, motor spirit, natural gas], from a GST registered person. However, he has procured cement from an unregistered supplier. Hence at the end of financial year, the promoter has to pay GST on cement at the applicable rates on reverse charge basis. Illustration 2: A promoter has procured following goods and services [other than services by way of grant of development rights, long term lease of land (against upfront payment in the form of premium, salami, development charges etc.) or FSI (including additional FSI), electricity, high speed diesel, motor spirit, natural gas], for construction of a residential real estate project during a financial year. Sl. No. Name of input goods and services Percentage of input goods and services received during the financial year Whether inputs received from registered supplier? (Y/ N) 1 Sand 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15 N 9 Ply, commercial wood 10 N In this example, the promoter has procured 50 per cent. of goods and services from a GST registered person. However, he has procured sand, cement and aluminum windows, ply and commercial wood etc. from an unregistered supplier. Thus, value of goods and services procured from registered suppliers during a financial year falls short of threshold limit of 80 per cent. To fulfill his tax liability on the shortfall of 30 per cent. from mandatory purchase, the promoter has to pay GST on cement at the applicable rate on reverse charge basis. After payment of GST on cement, on the remaining shortfall of 15 per cent., the promoter shall pay tax @ 3 [ 18(9 + 9) ] per cent. under RCM. [F. No.354/32/2019-TRU] (Pramod Kumar) Annexure IV FORM (Form for exercising one time option to pay tax on construction of apartments in a project by the promoters at the rate as specified for item (ie) or (if), against serial number 3 in the Table in this notification, as the case may be, by the 92 [ 20th ] of May, 2019) Referenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o comply with all the provisions of the UTGST Act, 2017 as they apply to a person liable for paying the tax in relation to supply of any goods or services or both; 2. I understand that this option once exercised shall not be allowed to be changed within a period of one year from the date of exercising the option and will remain valid till the 155 [ the start of the financial year for which I exercise option to revert under reverse charge mechanism by filing Annexure VI on or before the due date ] . Legal Name: - GSTIN: - PAN No. Signature of Authorised representative: Name of Authorised Signatory: Full Address of GTA: (Dated acknowledgment of jurisdictional GST Authority) Note: 156 [ The above option for any Financial Year shall be exercised on or after 1st January of the preceding Financial Year but not later than 31st March of the preceding Financial Year ] . The option for the financial year 2022-2023 can be exercised by 16th August, 2022. ] 157 [ Annexure VI FORM Form for exercising option by a Goods Transport Agency intending to revert under reverse charge mechanism to be filed before the commencement of any financial year to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods for personal use). Explanation .- goods transport agency means any person who provides service in relation to transport of goods by road and issues consignment note, by whatever name called. 2.5 Provided that credit of input tax charged on goods and services used in supplying the service has not been taken [Please refer to Explanation no. (iv)] 5. Substituted vide Notification no. 20/2017 dated 22-8-2017 , before it was read as, (i) Renting of motorcab where the cost of fuel is included in the consideration charged from the service recipient. 2.5 Provided that credit of input tax charged on goods and services used in supplying the service has not been taken [Please refer to Explanation no. (iv)] 6. Substituted vide Notification no. 20/2017 dated 22-8-2017 , before it was read as, (i) Services of goods transport agency (GTA) in relation to transportation of goo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 22-8-2017 12. Substituted vide notification no. 24/2017 dated 21-9-2017 , before it was read as, (vi) Construction services other than (i), (ii), (iii), (iv) and (v) above. 13. Substituted vide Notification No. 31/2017 dated 13-10-2017, before it was read as, Government, a local authority or a Governmental authority 14. Substituted vide Notification No. 31/2017 dated 13-10-2017, before it was read as, a local authority or a governmental authority 15. Substituted vide Notification No. 31/2017 dated 13-10-2017, before it was read as, - 16. Substituted vide Notification No. 31/2017 dated 13-10-2017, before it was read as, (vii) Construction services other than (i), (ii), (iii), (iv), (v) and (vi) above. 9 -]] 17. Substituted vide Notification No. 31/2017 dated 13-10-2017, before it was read as, or 18. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication No. 31/2017 dated 13-10-2017, before it was read as, (c) Cut and polished diamonds; precious and semi-precious stones; or plain and studded jewellery of gold and other precious metals, falling under Chapter 71 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975) ; 24. Inserted vide Notification No. 31/2017 dated 13-10-2017 25. Substituted vide Notification No. 31/2017 dated 13-10-2017, before it was read as, and (ii) 26. Substituted vide Notification No. 31/2017 dated 13-10-2017, before it was read as, (i) Services by way of printing of newspapers, books (including Braille books), journals and periodicals, where only content is supplied by the publisher and the physical inputs including paper used for printing belong to the printer. 6 - 27 Substituted vide Notification No. 31/2017 dated 13-10-2017, before it was read as, at item (i) 28. Substituted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 46/2017 dated 14-11-2017, w.e.f. 15-11-2017, before it was read as, (ix) Accommodation, food and beverage services other than (i), (ii), (iii), (iv), (v), (vi), (vii) and (viii) above. 33. Inserted vide Notification No. 46/2017 dated 14-11-2017, w.e.f. 15-11-2017 34. Substituted vide Notification No. 1/2018 Dated 25-01-2018, before it was read as, (c) a civil structure or any other original works pertaining to the In-situ rehabilitation of existing slum dwellers using land as a resource through private participation under the Housing for All (Urban) Mission/Pradhan Mantri Awas Yojana, only for existing slum dwellers; 35. Inserted vide Notification No. 1/2018 Dated 25-01-2018 36. Substituted vide Notification No. 1/2018 Dated 25-01-2018, before it was read as, excluding 37. Substituted vide Notification No. 1/2018 Dated 25-01-2018, before it was read as, (ix) Construction services other than (i), (ii), (iii), (iv), (v), (vi), (vii) and (vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (iii) Manufacturing services on physical inputs (goods) owned by others, other than (i) 25 [, (ia), (ii) and (iia)] above. 9 -] 46. Substituted vide Notification No. 1/2018 Dated 25-01-2018, before it was read as, 32 Heading 9994 Sewage and waste collection, treatment and disposal and other environmental protection services. 9 - 47. Substituted vide Notification No. 1/2018 Dated 25-01-2018, before it was read as, (iii) Services by way of admission to entertainment events or access to amusement facilities including exhibition of cinematograph films, theme parks, water parks, joy rides, merry-go rounds, go-carting, casinos, race-course, ballet, any sporting event such as Indian Premier League and the like. 14 - 48. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt offered on the published charges for such unit. 2.5 Provided that credit of input tax charged on goods and services used in supplying the service has not been taken [Please refer to Explanation no. (iv)].] 51. Substituted vide Notification No. 13/2018-Union Territory Tax (Rate) Dated 26-07-2018 , w.e.f. 27-07-2018 before it was read as, declared tariff 52. Omitted vide Notification No. 13/2018-Union Territory Tax (Rate) Dated 26-07-2018 , w.e.f. 27-07-2018 before it was read as, Explanation .- declared tariff includes charges for all amenities provided in the unit of accommodation (given on rent for stay) like furniture, air conditioner, refrigerators or any other amenities, but without excluding any discount offered on the published charges for such unit. 53. Substituted vide Notification No. 13/2018-Union Territory Tax (Rate) Dated 26-07-2018 , w.e.f. 27-07-2018 before it was read as, (v) Supply, by way of or as part of any service o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 62. Inserted vide Notification No. 27/2018-Union Territory Tax (Rate) date 31-12-2018 w.e.f. 01-01-2019 63. Inserted vide Notification No. 27/2018-Union Territory Tax (Rate) date 31-12-2018 w.e.f. 01-01-2019 64. Substituted vide Notification No. 27/2018-Union Territory Tax (Rate) date 31-12-2018 w.e.f. 01-01-2019 before it was read as 9 65. Inserted vide Notification No. 27/2018-Union Territory Tax (Rate) date 31-12-2018 w.e.f. 01-01-2019 66. Omitted vide Notification No. 27/2018-Union Territory Tax (Rate) date 31-12-2018 w.e.f. 01-01-2019 before it was read as exhibition of cinematograph films, 67. Inserted vide Notification No. 27/2018-Union Territory Tax (Rate) date 31-12-2018 w.e.f. 01-01-2019 68. Inserted vide Notification No. 27/2018-Union Territory Tax (Rate) date 31-12-2018 w.e.f. 01-01-2019 69. Inserted vide Notification No. 27/2018-Union Territory Tax (Rate) date 31-12-2018 w.e.f. 01-01-2019 70. Inserted vide Notification No. 30/2018-Union Territory Tax (Rate) dated 31-12-2018 w.e.f. 01-01-2019 71. Re-numbered vide Notification No. 30/2018-Union Territory Tax (Rate) dated 31-12-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial number 38 below ] . 84. Substituted vide Notification No. 03/2019- Union Territory Tax (Rate) dated 29-03-2019 w.e.f. 01-04-2019 before it was read as sub-item (b), sub-item (c), subitem (d), sub-item (da) and sub-item (db) of item (iv); sub-item (b), sub-item (c), sub-item (d) and sub-item (da) of item (v); and sub-item (c) of item (vi). 85. Inserted vide Notification No. 03/2019- Union Territory Tax (Rate) dated 29-03-2019 w.e.f. 01-04-2019 86. Substituted vide Notification No. 03/2019- Union Territory Tax (Rate) dated 29-03-2019 w.e.f. 01-04-2019 before it was read as sub-item (b), sub-item (c), sub-item (d), sub-item (da) and sub-item (db) of item (iv); sub-item (b), sub-item (c), sub-item (d) and sub-item (da) of item (v); and sub-item (c) of item (vi), 87. Inserted vide Notification No. 03/2019- Union Territory Tax (Rate) dated 29-03-2019 w.e.f. 01-04-2019 88. Inserted vide Notification No. 03/2019- Union Territory Tax (Rate) dated 29-03-2019 w.e.f. 01-04-2019 89. Inserted vide Notification No. 03/2019- Union Territory Tax (Rate) dated 29-03-2019 w.e.f. 01-04-2019 90. Inserted vide Notification No. 03/2019- Union T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ken [Please refer to Explanation no. (iv)]] (ii) Accommodation in hotels, inns, guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes having 51 [value of supply] of a unit of accommodation of one thousand rupees and above but less than two thousand five hundred rupees per unit per day or equivalent. 52 [***] 6 - 30 [(iii) Supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink, where such supply or service is for cash, deferred payment or other valuable consideration, provided by a restaurant, eating joint including mess, canteen, whether for consumption on or away from the premises where such food or any other article for human consumption or drink is supplied, located in the premises of hotels, inns, guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes having declared tariff of any unit of accommodation of seven thousand five hundred rupees and above per unit per day or equivalent. Expla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or drink, where such supply or service is for cash, deferred payment or other valuable consideration, provided by a restaurant, eating joint including mess, canteen, whether for consumption on or away from the premises where such food or any other article for human consumption or drink is supplied, other than those located in the premises of hotels, inns, guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes having declared tariff of any unit of accommodation of seven thousand five hundred rupees and above per unit per day or equivalent shall attract Union territory tax @ 2.5% without any input tax credit under item (i) above and shall not be levied at the rate as specified under this entry.] 9 - 94. Inserted vide Notification No. 20/2019- Union Territory Tax (Rate) dated 30-09-2019 w.e.f. 01-10-2019 95. Omitted vide Notification No. 20/2019- Union Territory Tax (Rate) dated 30-09-2019 w.e.f. 01-10-2019 before it was read as or without 96. Omitted vide Notification No. 20/2019- Union Territory Tax (Rate) dated 30-09-2019 w.e.f. 01-10-2019 before it was read as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cording to a published time table or with flights so regular or frequent that they constitute a recognisably systematic series, not open to use by passengers. 2.5 Provided that credit of input tax charged on goods used in supplying the service has not been taken [Please refer to Explanation no. (iv)] 41 [(vii) Time charter of vessels for transport of goods. 2.5 Provided that credit of input tax charged on goods (other than on ships, vessels including bulk carriers and tankers) has not been taken [Please refer to Explanation no. (iv)]. 100. Substituted vide Notification No. 20/2019- Union Territory Tax (Rate) dated 30-09-2019 w.e.f. 01-10-2019 before it was read as (viii) Leasing or rental services, with or without operator, other than (i), (ii), (iii), (iv), (v), (vi), (vii) and (viia) above 101. Inserted vide Notification No. 20/2019- Union Territory Tax (Rate) dated 30-09-2019 w.e.f. 01-10-2019 102. Substituted vide Notification No. 20/2019- Union Territory Tax (Rate) dated 30-09-2019 w.e.f. 01-10-2019 before it was read as (i) above 103. Inse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perty (IP) right in respect of Information Technology software. [Please refer to Explanation no. (v)] 9 - 120. Inserted vide NOTIFICATION NO. 06/2021-Union Territory Tax (Rate) dated 30-09-2021 w.e.f. 01-10-2021 121. Substituted vide NOTIFICATION NO. 06/2021-Union Territory Tax (Rate) dated 30-09-2021 w.e.f. 01-10-2021 before it was read as (i), (ia), (ib) and (ic) 122. Substituted vide NOTIFICATION NO. 06/2021-Union Territory Tax (Rate) dated 30-09-2021 w.e.f. 01-10-2021 before it was read as (i), (ia), 107 [ (ib), (ic), (id), ] (ii), (iia) and (iii) 123. Omitted vide NOTIFICATION NO. 06/2021-Union Territory Tax (Rate) dated 30-09-2021 w.e.f. 01-10-2021 before it was read as 26 [(i) Services by way of printing of all goods falling under Chapter 48 or 49 [including newspapers, books (including Braille books), journals and periodicals], which attract UTGST @ 6 per cent. or 2.5 per cent. or Nil, where only content is supplied by the publisher and the physical inputs including paper used for printing belong to the printer. 6 -] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 13-07-2022 w.e.f. 18-07-2022 before it was read as, 2 [(iii) Composite supply of works contract as defined in clause (119) of section 2 of the Central Goods and Services Tax Act, 2017, supplied to the 13 [Central Government, State Government, 127 [ Union territory or a local authority ] ] by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of, - (a) a historical monument, archaeological site or remains of national importance, archaeological excavation, or antiquity specified under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958); (b) canal, dam or other irrigation works; (c) pipeline, conduit or plant for (i) water supply (ii) water treatment, or (iii) sewerage treatment or disposal. 6 (iv) Composite supply of works contract as defined in clause (119) of section 2 of the Central Goods and Services Tax Act, 2017, 79 [ other than that covered by items (i), (ia), (ib), (ic), (id), (ie) and (if) above ] supplied by way of construction, erection, commissioning, instal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as defined in clause (119) of section 2 of the Central Goods and Services Tax Act, 2017, 80 [ other than that covered by items (i), (ia), (ib), (ic), (id), (ie) and (if) above ] supplied by way of construction, erection, commissioning, or installation of original works pertaining to,- (a) railways, 36 [including] monorail and metro; (b) a single residential unit otherwise than as a part of a residential complex; (c) low-cost houses up to a carpet area of 60 square metres per house in a housing project approved by competent authority empowered under the 'Scheme of Affordable Housing in Partnership' framed by the Ministry of Housing and Urban Poverty Alleviation, Government of India; (d) low cost houses up to a carpet area of 60 square metres per house in a housing project approved by the competent authority under- (1) the Affordable Housing in Partnership component of the Housing for All (Urban) Mission/Pradhan Mantri Awas Yojana; (2) any housing scheme of a State Government; 35 [(da) low-cost houses up to a carpet area of 60 square metres per house in an affordable housing project which has been given infrastructure status ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the service, that is, the promoter shall be liable to pay such amount of tax on reverse charge basis as is equal to the difference between the tax payable on the service at the applicable rate but for the rate prescribed herein and the tax actually paid at the rate prescribed herein ] 12 [(vi) 28 [Composite supply of works contract as defined in clause (119) of section 2 of the Central Goods and Services Tax Act, 2017 , 82 [other than that covered by items (i), (ia), (ib), (ic), (id), (ie) and (if) above] provided] to the Central Government, State Government, 127 [ Union territory or a local authority ] by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of (a) a civil structure or any other original works meant predominantly for use other than for commerce, industry, or any other business or profession; (b) a structure meant predominantly for use as (i) an educational, (ii) a clinical, or (iii) an art or cultural establishment; or (c) a residential complex predominantly meant for self-use or the use of their employees or other persons specified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.5 Provided that credit of input tax charged on goods and services used in supplying the service has not been taken. [Please refer to Explanation no. (iv)] or 6 Provided that the goods transport agency opting to pay Union territory tax @ 6% under this entry shall, thenceforth, be liable to pay Union territory tax @ 6% on all the services of GTA supplied by it.] 137. Inserted vide Notification No. 03/2022- Union Territory Tax (Rate) dated 13-07-2022 w.e.f. 18-07-2022 138. Substituted vide Notification No. 03/2022- Union Territory Tax (Rate) dated 13-07-2022 w.e.f. 18-07-2022 before it was read as, (vii) Goods transport services other than (i), (ii), (iii), (iv), (v) and (vi) above. 9 - 139. Inserted vide Notification No. 03/2022- Union Territory Tax (Rate) dated 13-07-2022 w.e.f. 18-07-2022 140. Inserted vide Notification No. 03/2022- Union Territory Tax (Rate) dated 13-07-2022 w.e.f. 18-07-2022 141. Substituted vide Notification No. 03/2022- Union Territory Tax (Rate) dated 13-07-202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as read as, (e) Processing of hides, skins and leather falling under Chapter 41 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975) . 35 [(ea) manufacture of leather goods or footwear falling under Chapter 42 or 64 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975) respectively;] (h) manufacture of clay bricks falling under tariff item 69010010 in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) ; 145. Inserted vide Notification No. 03/2022- Union Territory Tax (Rate) dated 13-07-2022 w.e.f. 18-07-2022 146. Inserted vide Notification No. 03/2022- Union Territory Tax (Rate) dated 13-07-2022 w.e.f. 18-07-2022 147. Inserted vide Notification No. 03/2022- Union Territory Tax (Rate) dated 13-07-2022 w.e.f. 18-07-2022 148. Inserted vide Notification No. 03/2022- Union Territory Tax (Rate) dated 13-07-2022 w.e.f. 18-07-2022 149. Inserted vide Notification No. 03/2022- Union Territory Tax (Rate) dated 13-07-2022 w.e.f. 18-07-2022 150. Inserted vide Notification No. 05/2023- Union Territory Tax (Rate) dated 09-05-2023 151. Inserted vide NOTIFICATION No. 06/2023- Union Territ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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