• GST application on residential Property transfer in under construction

I am upgrading 2.5 BHK flat to 3. BHK in same society OC of both towers not received yet....80% payment with GST already done for 2.5 BHK flat in Feb 2019 thru bank loan...now transferring that loan to 3BHK flat and paying difference amount...But builder is saying that you have to pay GST on total price of 3BHK instead of difference amount.
Asked 4 years ago in GST

- GST is payable on difference amount as it is an internal adjustment.

Vivek Kumar Arora
CA, Delhi
4943 Answers
1101 Consultations

Hi,

 

Logically you are right but the builder will also right to charge GST on 3BHK.

Let's Take a example:

2BHK @ 1,18,000 (i.e. 1L plus 18% GST)

3BHK @ 2,36,000 (i.e. 2L plus 18% GST)

 

You paid 80% of 2BHK i.e.  Rs.94,400 (Rs.1,18,000*80%)

Now you have to pay Rs.1,41,600 (i.e. Rs.2,36,000 - Rs.94,400) for 3BHK.

 

See you losing money if you pay like the above procedure.

 

I hope your query is resolved, if still need help, please feel free to ask.

 

Regards

S S Rawat
CA, Ghaziabad
36 Answers
1 Consultation

Dear Sir,

 

Gst amount will be payable only on the balance payment to be made to the builder as gst has already been paid on the amount paid earlier. Accordingly now gst will be payable only on the balance payment.

 

Thanks & Regards

Shiv Kumar Agarwal

Shiv Kumar Agarwal
CA, Delhi
489 Answers
74 Consultations

Dear Sir,

 

Hope you are doing well !!

 

You need to pay the GST only on the balance amount.

 

It is advisable to take a phone consultation for detailed discussion.

Payal Chhajed
CA, Mumbai
5188 Answers
298 Consultations

Hello,

 

Since you have already paid GST on the price of 2.5 BHK Flat, now you would be required to pay GST on the additional amount only.

I hope this answer satisfies your requirements.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Hi

As per my understanding you need pay GST on difference amount.

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

I dont think thats fair because you are technically cancelling your previous service and hence he will get refund of That GST so he should either give you refund of that and then ask for new GST or set off the GST paid earlier in this GST.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

Naman Maloo
CA, Jaipur
4292 Answers
101 Consultations

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