TMI Blog2020 (9) TMI 632X X X X Extracts X X X X X X X X Extracts X X X X ..... ntial building (units). They have received only partial Building Use permission in respect of commercial units but not for residential units The applicant has received part Building Used Permission for the commercial Shops of Ground and First Floor and not for the Residential Flat. Accordingly, since no Building used permission has been issued by the competent authority in respect of residential flat and since no residential unit has been occupied by prospective buyer, supply of residential flats shall be treated as supply of service in terms Para 5(b) of Schedule-II of CGST Act, 2017. Manner of reversal of ITC on expenses incurred up to date of completion certificate shops - HELD THAT:- It is to rule that the manner of reversal of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs. There is also first occupancy in the building from 26.12.2017. 3. Accordingly, the applicant sought Advance Ruling on the following questions: I Whether selling of residential flats after date of completion certificate of commercial shops or after first occupancy in building is exempt supply? II Manner of reversal of ITC on expenses incurred up to date of completion certificate shops. III Manner of claiming ITC on expenses incurred after date of completion certificate of commercial shops. Applicant s Interpretation of Law and/or fact 4. The applicant submitted that in terms of para 5(b) of Schedule II to the CGST Act, 2017, Construction of a complex, building, civil structure or a part thereof, including a complex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... they have received BUP (Completion Certificate) for commercial shops i.e. Ground and First floors on 26.09.2017. There is also first occupancy in the building from 26.12.2017. Accordingly, the applicant sought the Advance Ruling on the following question: I Whether selling of residential flats after date of completion certificate of commercial shops or after first occupancy in building is exempt supply? II Manner of reversal of ITC on expenses incurred up to date of completion certificate shops. III Manner of claiming ITC on expenses incurred after date of completion certificate of commercial shops. 8. To answer the first question we look into the Para 5(b) of Schedule II to the CGST Act, 2017. Para 5(b) of CGST Act, 2017 is re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st Floor i.e. only for commercial shops of building. The applicant has not submitted any documents, by which it can be established that they have received the Building Used Permission in respect of Residential Flats as such said aforesaid B. U. Permission is Part Building used permission and not for entire building. The applicant has submitted that, there is also first occupancy in the building from 26.12.2017 but applicant has not submitted any evidence/document by which it can be seen that whether first occupancy is in commercial shop or Residential Flat. Further, during the personal hearing, the applicant himself stated that they didn t receive Completion Certificate in respect of their residential building (units). They have received ..... X X X X Extracts X X X X X X X X Extracts X X X X
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