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2020 (4) TMI 633

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..... s Tax Act. Hence the activities of the applicant attract 9% CGST and 9% SGST as per serial no 3 of Notification No. 11/2017 Central Tax (Rate) dated 2806-2017. - GUJ/GAAR/R/2019/21 (IN APPLICATION NO. Advance Ruling/SGST&CGST/2018/AR/28 - - - Dated:- 20-9-2019 - R.B. MANKODI AND G.C. JAIN MEMBER Present for the applicant : Shri Kuldip Patel 1). The Applicant M/s. Satyaja Infratech is engaged in purchase of land and selling the said land by converting in to integrated residential sub plots of varying sizes under name of Bliss Homes with following basic facilities: (i) compound wall (ii) Main entry gate (iii) Internal plot separation walls (iv) Internal roads of RCC and Paver Block (v) Plantation surroun .....

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..... of plants as mentioned above. After this development of the land, it will not do any building constructions and all. It sales only developed land as plots. 2. As per Applicant interpretation under CGST Act, it is considered as sale of land and the same is not supply of goods/services as stated in Schedule-III para 5. Hence, the sale of land is not taxable under GST law. 4) The activities or transactions which shall be treated neither as a supply of goods nor a supply of services are prescribed in Schedule III of CGST Act. In this Schedule, at serial No. 5, the following details are mentioned: 5. Sale of land and, subject to clause (b) of paragraph 5 of Schedule II, sale of building Clause (b) of paragraph 5 of Schedule I .....

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..... r has formed a scheme for the development of the schedule A property into residential community scheme known as Bliss Homes and has divided the schedule A property into (a) Different sub-plots of varying sizes, (b) common internal roads or passages and (c) common amenities areas for the residential purpose. Thereafter, the vendor allotted the said plots of the said scheme on the schedule A property to their members for a valuable consideration. whereas, the vendor herein is desirous of selling the sub-plot no-4 total admeasuring super buildup area 316 Sq. yards i.e. 264.2 mtrs.(Including the proportional share in common areas such as internal roads, common amenities, passage etc.) and consecutively c .....

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