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TMI Blog2018 (12) TMI 534X X X X Extracts X X X X X X X X Extracts X X X X ..... ng GSTIN number 29AADCN3089J1Z0, have filed an application, on 17.03.2018, for advance ruling under Section 97 of CGST Act,2017, KGST Act, 2017 & IGST Act, 2017 read with rule 104 of CGST Rules 2017 & KGST Rules 2017, in form GST ARA-01, discharging the fee of Rs. 10.000/- (CGST - Rs. 5,000/- & SGST - Rs. 5,000/-), vide challan bearing CIN number ICICI 18022900287680 dated 21.02.2018. 2. The Applicant, M/s. Enforce Infrastructure India Pvt. Ltd., Builders & Developers, entered into an agreement with Mr. Patrick B Disa, Mrs. Winnfred J. D'sa, Mr. Prem Alousius D'sa, Mrs. Preethika Vinay, Mrs. Priya Maria Dominica Kutinha and Mr Praveen Nobert Savio D'sa, for construction & to handover 8828 square feet of residential apartment ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uthorized representative appeared for personal hearing proceedings and submitted that the Joint Development Agreement had been entered into in January 2016, for construction of 12 apartments and 2 shops, that the point of taxation has been clarified vide circular No.4/2018 dated 25.01.2018, that the value to be adopted for the land owners share for payment of GST need to be clarified as to whether the price at the time of JDA or the market value as on date. FINDINGS & DISCUSSION: 5. We have considered the submissions made by the Applicant in their application for advance ruling as well as the submissions made by Sri. Rudolpoh M C Rodrigues, Chartered Accountant, the authorized representative, during the personal hearing. We also consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en the said developer, builder, construction company or any other registered person, as the case may be, transfers possession or the right in the constructed complex, building or civil structure, to the person supplying the development rights by entering into a conveyance deed or similar instrument (for example allotment letter) 8. Section 2(94) of CGST Act' 2017 defines "Registered Person" as a person who is registered under Section 25 but does not include a person having a Unique Identity Number. Section 25 of the CGST Act' 2017 prescribes the procedure for registration and stipulates that "Every person who is liable to be registered under Section 22 or Section 24 of the CGST Act 2017 shall apply for registration in every such s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtion in such supply shall be equivalent to the total amount charged for such supply less the value of land or undivided share of land, as the case may be, and the value 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 paragraph 2, "total amount" means the sum total of,- a) consideration charged for aforesaid service; and b) amount charged for transfer of land or undivided share of land, as the case may be. 11. The third question of the applicant relates to their liability to pay service tax up to 30.06.2017. In this regard we draw reference to Section 142 (11) of the CGST/ KGST Act 2017, which is a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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