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- Whether leasing of land for construction of property is leviable to GST ?
Whether leasing of land for construction of property is leviable to GST ?
Issue Favourable to Tax Payer ?:- no
Held - As per Schedule II (5)(a), renting of immovable property shall be treated as a supply of services and as per Schedule II (5)(b), construction of a complex, building, civil structure or a part thereof, including a complex or building 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.....
Issue Favourable to Tax Payer ?:- no
Held - In this case, the entry grants exemption to Services by way of renting of residential dwelling for use as residence. It does not refer to land whether as part of the residential dwelling or otherwise. There are many instances, where the legislature, where it intends a separate dispensation for land or specific treatment of land uses the phrase “building and land appurtenant thereto”. No such phrase has been found in Entry No. 12. In.....
Issue Favourable to Tax Payer ?:- no
Held - Under the CGST Act, what is exempted from tax is services by way of renting of residential dwelling for used as residence. Therefore, when a flat/apartment is given on lease it is always a complete unit which is immediately handed over to the Lessee for use. The appellant has argued that the transaction purported to be undertaken by him will come within the purview of renting of residential dwelling for used as residence. However, in th.....
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- Whether leasing of land for construction of property is leviable to GST ?
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