TMI BlogAmendment in Notification No. 11/2017- State Tax (Rate), dated the 29th June, 2017X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) after the word, brackets and figures conferred by sub-section (1), , the word, brackets and figures sub-section (3) and sub-section (4) shall respectively be inserted; (b) the word and after the words and figures sub-section (5) of section 15 shall be substituted by the symbol , ; (c) after the word, brackets and figures section (16) , the words and figure and section 148 shall be inserted; (ii) in the Table, - (a) against serial number 3, for item (i), and the entries relating thereto in column (3), (4) and (5), the following items and entries shall be substituted, namely, - Table (3) (4) (5) (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 state tax on construction of apartments at the rates as specified for item (ie) or (if) below, as the case may be, in the manner prescrib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er who transfers the land or development rights or FSI to a developer- promoter for construction of apartments and receives constructed apartments against such transferred rights and sells such apartments to his buyers independently. 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 earlier) falls short of the said threshold of 80 per cent., State tax shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uring the period from 1 st April 2019 to 10th May 2019 before exercising the option, but such invoices shall be in accordance with the option to be exercised.; (ia) Construction of residential apartments other than affordable residential apartments 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 state 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 (ib) Construction of commercial apartments (shops, offices, godowns etc.) by a promoter in an RREP which commences on or after 1 st April, 2019 or in an ongoing RREP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of this service) (ie) Construction of an apartment in an ongoing project under any of the schemes specified in 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), against serial number 3 of the Table, in respect of which the promoter has exercised option to pay state tax on construction of apartments at the rates as specified for this item (Provisions of paragraph 2 of this notification shall apply for valuation of this service) 6 (b) against serial number 3, - a. item (ii) and the entries relating thereto in columns (3), (4) and (5) shall be omitted; b. in item (iv) in column (3), - (1) after the figures 2017 , the words, brackets, figures and letters other than that covered by items (i), (ia), (ib), (ic), (id), (ie) and (if) above shall be inserted; c. in item (v) in column (3), - (1) after the figures 2017 , the words, brackets, figures and letters other than that covered by items (i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the applicable rate but for the rate prescribed here in and the tax actually paid at the rate prescribed herein ; e. in item (vi) in column (3), after the figures 2017 , the words, brackets, and figures other than that covered by items (i), (ia), (ib), (ic), (id), (ie) and (if) above shall be inserted ; f. in item (xii) in column (3), for the entry, the following entry shall be substituted, namely: - (xii) Construction services other than (i), (ia), (ib), (ic), (id), (ie), (if),(iii), (iv), (v), (va), (vi), (vii), (viii), (ix), (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 state tax prescribed against them in column (4) subject to conditions specified against them in column (5) and shall not be levied at the rate as specified under this entry. ; (c) against serial number 16,in item (ii) in column (3), for the word, brackets and letters 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), subitem( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich such development rights or FSI(including additional FSI) is transferred to the promoter. (v) in paragraph 4 relating to Explanation, after clause (xii), the following clauses shall be inserted, namely: - (xiii) an apartment booked on or before the 31st March, 2019 shall mean an apartment which meets all the following three conditions, namely- (a) part of supply of construction of which has time of supply on or before the 31st March, 2019 and (b) at least one instalment has been credited to the bank account of the registered person on or before the 31st March, 2019 and (c) an allotment letter or sale agreement or any other similar document evidencing booking of the apartment has been issued on or before the 31st March, 2019; (xiv) the term apartment shall have the same meaning as assigned to it in clause (e) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016); (xv) the term project shall mean a real estate project or a residential real estate project; (xvi) the term affordable residential apartment shall mean, - (a) a residential apartment in a project which commences on or after 1st Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apartments is not more than 15 per cent. of the total carpet area of all the apartments in the REP. (xx) the term ongoing project shall mean a project which meets all the following conditions, namely- (a) commencement certificate in respect of the project, where required to be issued by the competent authority, has been issued on or before 31st March, 2019, and it is certified by any of the following that construction of the project has started on or before 31st March, 2019:- (i) an architect registered with the Council of Architecture constituted under the Architects Act, 1972 (20 of 1972); or (ii) a chartered engineer registered with the Institution of Engineers (India); or (iii) a licensed surveyor of the respective local body of the city or town or village or development or planning authority. (b) where commencement certificate in respect of the project, is not required to be issued by the competent authority, it is certified by any of the authorities specified in sub- clause (a) above that construction of the project has started on or before the 31st March, 2019; (c) completion certificate has not been issued or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Development) Act, 2016; (xxvii) the term Real Estate Regulatory Authority shall mean the Authority established under sub- section (1) of section 20 (1) of the Real Estate (Regulation and Development) Act, 2016 (No. 16 of 2016) by the Central Government or State Government; (xxviii) project which commences on or after 1st April, 2019 shall mean a project other than an ongoing project; (xxix) Residential apartment shall mean an apartment intended for residential use as declared to the Real Estate Regulatory Authority or to competent authority; (xxx) Commercial apartment shall mean an apartment other than a residential apartment; (xxxi) floor space index (FSI) shall mean the ratio of a building s total floor area (gross floor area) to the size of the piece of land upon which it is built; 2. This notification shall be deemed to be effective from 1st April, 2019. [File.No Va Kar / GST / 03/ 2019] By the order of the Governor of Jharkhand Prashant Kumar, Secretary-cum-Commissioner. Note: -The principal notification No. 11/2017 - State Tax(Rate), dated the 29th June, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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