TMI Blog2018 (12) TMI 535X X X X Extracts X X X X X X X X Extracts X X X X ..... his aggregate turnover crosses the threshold limit prescribed in the Act. The applicant has not furnished any information with regard to transfer of possession of the constructed flats / commercial area or allotment order of the same, in the instant application and hence the authority presumes that the possession of the constructed flats / commercial area has not been handed over to the Applicant, as on date - the Applicant is supplier of a taxable service by way of transfer of undivided share of land and hence is liable to register himself and discharge the tax accordingly. The applicant being the land owner is liable to pay GST on premises allotted to him, which he intends to distribute among his family members. - AAR No. KAR 29/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remises allotted to him, which he intends to distribute among his family members? . PERSONAL HEARING: / PROCEEDINGS HELD ON 07.03.2018. 3. The Applicant Sri. P.B. D Sa attended the personal hearing before the authorities and stated / narrated the events that the applicant had entered into an agreement with a Developer to develop his land. He had contributed only his land and in return gets his share of 50% of the total 12 flats constructed and also 50% share out of 4000 sq. ft. of commercial construction. The Joint Development Agreement was signed by him in January 2016 and construction is reported to be completed in January 2018 and hence filed the instant application. FINDINGS DISCUSSION: 5. We have considered the submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... share out of 4000 sq. ft. of commercial construction. The Joint Development Agreement was signed by him in January 2016 and the construction is stated to be completed in January 2018. 10. In the Context of the question raised by the applicant, it is pertinent to examine and discuss Notification No.4/2018-Central Tax (Rate) dated 25.01.2018, which notifies the following classes of registered persons, namely : - a) Registered persons who supply development rights to a developer, builder, construction company or any other registered person against consideration, wholly or partly, in the form of construction service of complex, building or civil structure; and b) Registered persons who supply construction service of complex, buildin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egistered 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 state or Union territory in which he is so liable within thirty days from the date on which he comes liable to registration, in such manner and subject to such conditions as may be prescribed; Section 22 of the CGST Act 2017 tells about the persons liable for registration and stipulates that Every supplier, who makes a taxable supply of goods or services or both, shall be liable to be registered, if his aggregate t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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