TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
©
[Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU
[R. Dis. No. 197/2009.
2019
[Price: Rs. 10.40 Paise.
No. 156]
chennai, friDAY, March 29, 2019
Panguni 15, Vilambi, Thiruvalluvar Aandu-2050
Part II—Section 2
Notifications or Orders of interest to a Section of the public
issued by Secretariat Departments.
NotificationS by government
[ 1 ]
II-2 Ex. (156)
commercial taxes and registration department
notifications under the tamil nadu goods and services tax act.
amendments to notification
[G.O. Ms. No. 42, Commercial Taxes and Registration (B1), 29th March 2019,
Panguni 15, Vilambi, Thiruvalluvar Aandu-2050.]
No. II(2)/CTR/269(c-1)/2019.
In exercise of the powers conferred by sub-sections (1), (3) and (4) of section 9, sub-section (1) of section 11, sub-
section (5) of section 15, sub-section (1) of section 16 and section 148 of the Tamil Nadu Goods and Services Tax Act, 2017
(Tamil Nadu Act 19 of 2017), the Governor of Tamil Nadu, on the recommendations of the Council, and on being satisfied that
it is necessary in the public interest so to do, hereby makes the following further amendments to in the Commercial Taxes
and Registration Department Notification No.II(2)/CTR/532(d-14)/2017, published at pages 85 to 119 in Part II—Section 2 of
the Tamil Nadu Government Gazette Extraordinary, dated the 29th June, 2017, namely:-
Amendments.
In the said notification, -
(i) in the opening paragraph,
(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, -
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“(i) Construction of affordable residential apartments
by a promoter in a Residential Real Estate Project
(hereinafter 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 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).
(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)
(ib) Construction of commercial apartments (shops,
offices, godowns etc.) 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).
(ic) Construction of affordable residential apartments
by a promoter in a Real Estate Project (herein after
referred to as REP) other than RREP, which commences
on or after 1st April, 2019 or in an ongoing REP other
than 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)
Provided that the state tax at the rate specified in
column (4) shall be paid in cash, that is, by debiting
the electronic cash ledger only;
Provided also that credit of input tax charged on goods
and services used in supplying the service has not been
taken except to the extent as prescribed in Annexure I
in the case of REP other than RREP and in Annexure
II in the case of RREP;
0.75
Provided also that the registered person shall pay,
by debit in the electronic credit ledger or electronic
cash ledger, an amount equivalent to the input tax
credit attributable to construction in a project, time of
supply of which is on or after 1st April, 2019, which
shall be calculated in the manner as prescribed in the
Annexure I in the case of REP other than RREP and
in Annexure II in the case of RREP;
3.75
Provided also that where a registered person (landowner-
promoter) who transfers development right or FSI
(including additional FSI) to a promoter (developer-
promoter) against consideration, wholly or partly, in the
form of construction of apartments,-
(i) the developer-promoter shall pay tax on supply of
construction of apartments to the landowner-promoter,
and
3.75 (ii) such landowner–promoter shall be eligible for credit
of taxes charged from him by the developer-promoter
towards the supply of construction of apartments by
developer-promoter to him, provided the landowner-
promoter further supplies such apartments to his
buyers before issuance of completion certificate or first
occupation, whichever is earlier, and pays tax on the
same which is not less than the amount of tax charged
from him on construction of such apartments by the
developer-promoter.
Explanation.-
(i) “developer-promoter” is a promoter who constructs or
converts a building into apartments or develops a plot
for sale,
0.75 (ii) “landowner-promoter” is a promoter 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;
Table
(3)
(4)
(5)
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(id) Construction of residential apartments other than
affordable residential apartments by a promoter in a REP other
than a RREP which commences on or after 1st April, 2019
or in an ongoing REP other than 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).
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;
3.75
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., tax
shall be paid by the promoter on value of input
and input services comprising such shortfall at the
rate of eighteen per cent. on reverse charge basis
and all the provisions of the Tamil Nadu Goods
and Services Tax Act, 2017 (Tamil Nadu Act 19
of 2017) shall apply to him as if he is the person
liable for paying the tax in relation to the supply
of such goods or services or both;
Provided also that notwithstanding anything
contained herein above, where cement is received
from an unregistered person, the promoter shall pay
tax on supply of such cement at the applicable rates
on reverse charge basis and all the provisions of
the Tamil Nadu Goods and Services Tax Act, 2017
(Tamil Nadu Act 19 of 2017), shall apply to him
as if he is the person liable for paying the tax in
relation to such supply of cement;
(Please refer to the illustrations in Annexure III).
Explanation.-
1. The promoter shall maintain project wise account of
inward supplies from registered and unregistered
supplier and calculate tax payments on the shortfall
at the end of the financial year and shall submit
the same in the prescribed form electronically on
the common portal by end of the quarter following
the financial year. The tax liability on the shortfall
of inward supplies from unregistered person so
determined shall be added to his output tax liability
in the month not later than the month of June
following the end of the financial year.
2. Notwithstanding anything contained in Explanation
1 above, tax on cement received from unregistered
person shall be paid in the month in which cement
is received.
3. Input Tax Credit not availed shall be reported every
month by reporting the same as ineligible credit in
GSTR-3B [Row No. 4 (D)(2)].
Table
(3)
(4)
(5)
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(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).
(if) Construction of a complex, building, civil structure
or a part thereof, including,-
(i) commercial apartments (shops, offices, godowns etc.)
by a promoter in a REP other than RREP,
(ii) residential apartments in an ongoing project, other
than affordable residential apartments, 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 in the manner prescribed herein,
but excluding supply by way of services specified at
items (i), (ia), (ib), (ic), (id) and (ie) above 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.
Explanation.- For the removal of doubt, it is hereby
clarified that, supply by way of services specified at items
(i), (ia), (ib), (ic), (id) and (ie) 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.
(Provisions of paragraph 2 of this notification shall apply
for valuation of this service).
6
Provided that in case of ongoing project, the registered
person shall exercise one time option in the Form
at Annexure IV to pay state tax on construction of
apartments in a project at the rates as specified for
item (ie) or (if), as the case may be, by the 10th of
May, 2019;
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Provided also that where the option is not exercised in
Form at Annexure IV by the 10th of May, 2019, option
to pay tax at the rates as applicable to item (i) or (ia)
or (ib) or (ic) or (id) above, as the case may be, shall
be deemed to have been exercised;
Provided also that invoices for supply of the service
can be issued during the period from 1st April 2019 to
10th May 2019 before exercising the option, but such
invoices shall be in accordance with the option to be
exercised.;
(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), (ia), (ib), (ic),
(id), (ie) and (if) above” shall be inserted;
d. after item (v) and entries relating thereto in column (3), (4) and (5), the following items and entries shall be
inserted, namely, -
Table
(3)
(4)
(5)
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Table
(3)
(4)
(5)
(va) Composite supply of works contract as defined in
clause (119) of section 2 of the Tamil Nadu Goods and
Services Tax Act, 2017, other than that covered by items
(i), (ia), (ib), (ic), (id), (ie) and (if) above, supplied by
way of construction, erection, commissioning, installation,
completion, fitting out, repair, maintenance, renovation, or
alteration of affordable residential apartments covered by
sub-clause (a) of clause (xvi) of paragraph 4 below, in a
project which commences on or after 1st April, 2019, or in
an ongoing project 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),
as the case may be, in the manner prescribed therein,
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Provided that carpet area of the affordable residential
apartments as specified in the entry in column (3)
relating to this item, is not less than 50 per cent. of the
total carpet area of all the apartments in the project;
Provided also that for the purpose of determining
whether the apartments at the time of supply of the
service are affordable residential apartments covered by
sub-clause (a) of clause (xvi) of paragraph 4 below or
not, value of the apartments shall be the value of similar
apartments booked nearest to the date of signing of
the contract for supply of the service specified in the
entry in column (3) relating to this item;
Provided also that in case it finally turns out that the
carpet area of the affordable residential apartments
booked or sold before or after completion, for which
gross amount actually charged was forty five lakhs
rupees or less and the actual carpet area was within
the limits prescribed in sub-clause (a) of clause (xvi)
of paragraph 4 below, was less than 50 per cent. of the
total carpet area of all the apartments in the project,
the recipient of the service, that is, the promoter shall
be liable to pay such amount of tax on reverse charge
basis as is equal to the difference between the tax
payable on the service at the applicable rate but for
the rate prescribed herein 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), sub-item (d) and sub-item (da) of item (v);
and sub-item (c) of item (vi)”, the word, brackets figures and letters “(i), (ia), (ib), (ic), (id), (ie) and (if)” shall be substituted;
(d) after serial number 38 in column (1) and the entries relating thereto in column (2), (3), (4) and (5), the following serial
number and entries shall be inserted, namely: -
(1)
(2)
(3)
(4)
(5)
“39.
Chapter 99
Supply of 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) by an unregistered person to a promoter for construction of a project
on which tax is payable by the recipient of the services under sub-section
4 of section 9 of the Tamil Nadu Goods and Services Tax Act, 2017 (TN
Act 19 of 2017), as prescribed in the Commercial Taxes and Registration
Department Notification No.II(2)/CTR/269(C-5)/2019, published at page 23
- in Part II-Section 2 of the Tamil Nadu Government Gazette, Extraordinary,
dated the 29th March, 2019..
Explanation.-
This entry is to be taken to apply to all services which satisfy the conditions
prescribed herein, even though they may be covered by a more specific
chapter, section or heading elsewhere in this notification.
9
-”;
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(iii) in paragraph 2,-
(a) for the words, brackets, letters and figures “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),” the
word, brackets, letters and figures “(i), (ia), (ib), (ic), (id), (ie) and (if)” shall be substituted;
(b) in the Explanation, after the words “this paragraph” the words “and paragraph 2A below” shall be inserted;
(iv) after paragraph 2, the following paragraph shall be inserted, namely, -
“2A. Where a registered person transfers development right or FSI (including additional FSI) to a promoter against
consideration, wholly or partly, in the form of construction of apartments, the value of construction service in respect of
such apartments shall be deemed to be equal to the Total Amount charged for similar apartments in the project from the
independent buyers, other than the person transferring the development right or FSI (including additional FSI), nearest to
the date on which such development right or FSI (including additional FSI) is transferred to the promoter, less the value of
transfer of land, if any, as prescribed in paragraph 2 above.”
(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 (Central Act 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 April, 2019, or in an ongoing project in
respect of which the promoter has not exercised option in the prescribed form to pay state tax on construction of apartments
at the rates as specified for item (ie) or (if) against serial number 3, as the case may be, having carpet area not exceeding
60 square meter in metropolitan cities or 90 square meter in cities or towns other than metropolitan cities and for which the
gross amount charged is not more than forty five lakhs rupees.
For the purpose of this clause, -
(i) Metropolitan cities are Bengaluru, Chennai, Delhi NCR (limited to Delhi, Noida, Greater Noida, Ghaziabad, Gurgaon,
Faridabad), Hyderabad, Kolkata and Mumbai (whole of MMR) with their respective geographical limits prescribed by an order
issued by the Central or State Government in this regard;
(ii) Gross amount shall be the sum total of; -
A. Consideration charged for the services specified at item (i) and (ic) in column (3) against Sl. No.3 in the Table;
B. Amount charged for the transfer of land or undivided share of land, as the case may be including by way of
lease or sub-lease; and
C. Any other amount charged by the promoter from the buyer of the apartment including preferential location
charges, development charges, parking charges, common facility charges etc.;
(b) an apartment being constructed 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 above, 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) against serial
number 3, as the case may be.”
(xvii) the term “promoter” shall have the same meaning as assigned to it in clause (zk) of section 2 of the Real Estate
(Regulation and Development) Act, 2016 (Central Act 16 of 2016);
(xviii) the term “Real Estate Project (REP)” shall have the same meaning as assigned to it in clause (zn) of section 2
of the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016);
(xix) the term “Residential Real Estate Project (RREP)” shall mean a REP in which the carpet area of the commercial
apartments is not more than 15 per cent.of the total carpet area of all the apartments in the REP.
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(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 (Central Act
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 first occupation of the project has not taken place on or before the
31st March, 2019;
(d) apartments being constructed under the project have been, partly or wholly, booked on or before the 31st March,
2019.
Explanation.- For the purpose of sub-clause (a) and (b) above, construction of a project shall be considered to have started
on or before the 31st March, 2019, if the earthwork for site preparation for the project has been completed and excavation
for foundation has started on or before the 31st March, 2019.
(xxi) “commencement certificate” means the commencement certificate or the building permit or the construction permit,
by whatever name called issued by the competent authority to allow or permit the promoter to begin development works on
an immovable property, as per the sanctioned plan;
(xxii) “development works” means the external development works and internal development works on immovable
property;
(xxiii) “external development works” includes roads and road systems landscaping, water supply, sewage and drainage
systems, electricity supply transformer, sub-station, solid waste management and disposal or any other work which may have
to be executed in the periphery of, or outside, a project for its benefit, as may be provided under the local laws;
(xxiv) “internal development works” means roads, footpaths, water supply, sewers, drains, parks, tree planting, street
lighting, provision for community buildings and for treatment and disposal of sewage and sullage water, solid waste management
and disposal, water conservation, energy management, fire protection and fire safety requirements, social infrastructure such
as educational health and other public amenities or any other work in a project for its benefit, as per sanctioned plans;
(xxv) the term “competent authority” as mentioned in definition of “commencement certificate” and “residential apartment”,
means the local authority or any authority created or established under any law for the time being in force by the Central
Government or State Government or Union Territory Government, which exercises authority over land under its jurisdiction,
and has powers to give permission for development of such immovable property;
(xxvi) The term “carpet area” shall have the same meaning assigned to it in clause (k) of section 2 of the Real Estate
(Regulation and Development) Act, 2016 (Central Act 16 of 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 (Central Act 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 ongoingproject;
(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 come into force with effect from the 1st day of April, 2019.
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Tamil nadu government gazette extraordinary
Annexure I
Real estate project (REP) other than Residential Real estate project (RREP)
Input tax credit attributable to construction of residential portion in a real estate project (REP) other than residential real
estate project (RREP), which has time of supply on or after 1st April, 2019, shall be calculated project wise for all projects
which commence on or after 1st April, 2019 or ongoing projects 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) against serial number 3, as the case
may be, in the prescribed manner, before the due date for furnishing of the return for the month of September following the
end of financial year 2018-19, in the following manner:
1. Where % completion as on 31st March, 2019 is not zero or where there is inventory in stock
(a) Input tax credit on inputs and input services attributable to construction of residential portion in a REP, which has
time of supply on or after 1st April, 2019, may be denoted as Tx. Tx shall be calculated as under:
Tx=T-Te
Where,
(i) T is the total ITC availed (utilized or not) on inputs and input services used in construction of the REP from
1st July, 2017 to 31st March, 2019 including transitional credit taken on 1st July, 2017;
(ii) Te is the eligible ITC attributable to (a) construction of commercial portion and (b) construction of residential
portion, in the REP which has time of supply on or before 31st March, 2019;
(b) Te shall be calculated as under:
Te=Tc+Tr
Where,-
Tc is the ITC attributable to construction of commercial portion in the REP, calculated as under:
Tc =T * (carpet area of commercial apartments in the REP/ total carpet area of commercial and residential apartments
in the REP) and
Tr is the ITC attributable to construction of residential portion in the REP which has time of supply on or before 31st
March, 2019 and which shall be calculated as under,
Tr= T* F1 * F2 * F3* F4
Where, -
Carpet area of residential apartments in REP
F1=
Total carpet area of commercial and residential apartments in the REP
Total carpet area of residential apartment booked on or before 31st March, 2019
F2 =
Total carpet area of the residential apartment in REP
Such Value of supply of construction of residential apartments booked on or before
31st March, 2019 which has time of supply on or before 31st March, 2019
F3 =
Total value of supply of construction of residential apartments booked on or before
31st March, 2019
(F3 is to account for percentage invoicing of booked residential apartments)
1
F4=
% Completion of construction as on 31st March, 2019
Illustration: where one- fifth (twenty percent) of the construction has been completed, F4 shall be 100 ÷ 20 = 5.
Explanation: “% Completion of construction as on 31st March, 2019” shall be the same as declared to the Real Estate
Regulatory Authority in terms of section 4 and section 11 of Real Estate (Regulation and Development) Act, 2016 (Central
Act 16 of 2016) and where the same is not required to be declared to the Real Estate Regulatory Authority, it shall be got
determined and certified by anarchitect registered with the Council of Architecture constituted under the Architects Act, 1972
(Central Act 20 of 1972) or a chartered engineer registered with the Institution of Engineers (India).
Tamil nadu government gazette extraordinary
9
(c) A registered person shall have the option to calculate ‘Te’ in the manner prescribed below instead of the manner
prescribed in (b) above,-
Te shall be calculated as under:
Te = Tc + T1 + Tr
Where, -
Tc is the ITC attributable to construction of commercial portion in the REP, calculated as under:
Tc =T3 * (carpet area of commercial apartments in the REP/ total carpet area of commercial and residential apartments
in the REP);
Wherein
T3 = T- (T1 + T2)
T1 = ITC attributable exclusively to construction of commercial portion in the REP
T2 = ITC attributable exclusively to construction of residential portion in the REP
and
Tr is the ITC attributable to construction of residential portion in the REP which has time of supply on or before 31.03.2019
and which shall be calculated as under,
Tr= (T3 + T2)* F1 * F2 * F3* F4
or
Tr= (T- T1)* F1 * F2 * F3* F4
(d) The amounts ‘Tx’ and ‘Te’ shall be computed separately for input tax credit of central tax, State tax, Union territory
tax and integrated tax.
(e) Where, Tx is positive, i.e. Te<T, the registered person shall pay, by debit in the electronic credit ledger or electronic
cash ledger, an amount equal to the difference between T and Te. Such amount shall form part of the output tax liability of
the registered person and the amount shall be furnished in FORM GST ITC-03.
Explanation.- The registered person may file an application in FORM GST DRC-20, seeking extension of time for the
payment of taxes or any amount due or for allowing payment of such taxes or amount in installments in accordance with the
provisions of section 80. The commissioner may issue an order in FORM GST DRC-21 allowing the taxable person further
time to make payment and/or to pay the amount in such monthly installments, not exceeding twenty-four, as he may deem fit.
(f) Where Tx is negative, i.e. Te>T, the registered person shall be eligible to take ITC on goods and services received
on or after 1st April, 2019 for construction of residential portion in the REP, for which he shall not otherwise be eligible, to
the extent of difference between Te and T.
(g) The registered person may calculate Tc and utilize credit to the extent of Tc for payment of tax on commercial
apartments, till the complete accounting of Tx is carried out and submitted.
(h) Where percentage completion is zero but ITC has been availed on goods and services received for the project on
or prior to 31st March, 2019, input tax credit attributable to construction of residential portion which has time of supply on or
after 1st April, 2019, shall be calculated and the amount equal to Tx shall be paid or taken credit of, as the case may be,
as prescribed above, with the modification that percentage completion for calculation of F4 shall be taken as the percentage
completion which, as certified by an architect registered with the Council of Architecture constituted under the Architects Act,
1972 (Central Act 20 of 1972) or a chartered engineer registered with the Institution of Engineers (India), can be achieved
with the input services received and inputs in stock as on 31st March, 2019.
2. Where % completion as on 31st March, 2019 is zero but invoicing has been done having time of supply
before 31st March, 2019,and no input services or inputs have been received as on 31st March, 2019, “Te” shall be
calculated as follows: -
(a) Input tax credit on inputs and input services attributable to construction of residential portion in a REP, which has
time of supply on or before 31st March, 2019 may be denoted as Te which shall be calculated as under,
Te = Tc + Tr
Where, -
Tc is the ITC attributable to construction of commercial portion in the REP, calculated as under:
Tc =Tn* (carpet area of commercial apartments in the REP/ total carpet area of commercial and residential apartments
in the REP) and
Tr is the ITC attributable to construction of residential portion in the REP which has time of supply on or before 31st
March, 2019 and which shall be calculated as under,
Tr = Tn* F1 * F2 * F3
10
Tamil nadu government gazette extraordinary
Where, -
Tn= Tax paid on such inputs and input services on which ITC is available under the Tamil Nadu Goods and Services
Tax Act, received in 2019-20 for construction of REP
F1, F2 and F3 shall be the same as in para 1 above
(b) The registered person shall be eligible to take ITC on goods and services received on or after 1st April, 2019 for
construction of residential portion in the REP, for which he shall not otherwise be eligible, to the extent of the amount of Te.
(c) The amount ‘Te’ shall be computed separately for input tax credit of central tax, State tax, Union territory tax and
integrated tax.
3. Notwithstanding anything contained in paragraph 1 or paragraph 2 above, Te shall be determined in the following
situations as under:
(i) where percentage invoicing is more than the percentage completion and the difference between percentage
invoicing (per cent. points) and the percentage completion (per cent. points) of construction is more than 25 percent. points;
the value of percentage invoicing shall be deemed to be percentage completion plus 25 percent. points;
(ii) where the value of invoices issued on or prior to 31st March, 2019 exceeds the consideration actually received
on or prior to 31st March, 2019 by more than 25 percent.of consideration actually received; the value of such invoices for
the purpose of determination of percentage invoicing shall be deemed to be actual consideration received plus 25 percent.
of the actual consideration received; and
(iii) where, the value of procurement of inputs and input services prior to 1st April, 2019 exceeds the value of actual
consumption of the inputs and input services used in the percentage of construction completed as on 31st March, 2019 by
more than 25 percent. of value of actual consumption of inputs and input services, the jurisdictional commissioner or any other
officer authorized in this regard may fix the Te based on actual per unit consumption of inputs and input services based on
the documents duly certified by a chartered accountant or cost accountant submitted by the promoter in this regard, applying
the accepted principles of accounting.
Illustration 1:
A
B
C
D
1
No. of apartments in the project
100
units
2
No. of residential apartments in the project
75
units
3
Carpet area of the residential apartment
70
sqm
4
Total carpet area of the residential apartments
C2 * C3
5250
sqm
5
value of each residential apartment
0.60
crore
6
Total value of the residential apartments
C2 * C5
45.00
crore
7
No. of commercial apartments in the project
25
units
8
Carpet area of the commercial apartment
30
sqm
9
Total carpet area of the commercial apartments
C7 * C8
750
sqm
10
Total carpet area of the project (Resi + Com)
C4 + C9
6000
sqm
11
Percentage completion as on 31.03.2019 [as declared to RERA or determined
by chertered engineer]
20%
12
No of residential apartments booked before transition
40
units
13
Total carpet area of the residential apartments booked before transition
C12 * C3
2800
sqm
14
Value of booked residential apartments
C5 * C12
24
crore
15
Percentage invoicing of booked residential apartments on or before
31.03.2019
20%
16
Total value of supply of residential apartments having t.o.s. prior to transition
C14 * C15
4.8
crore
17
ITC to be reversed on transition, Tx= T- Te
18
Eligible ITC (Te)= Tc + Tr
19
T (*see notes below)
1
crore
20
Tc= T x (carpet area of commercial apartments in the REP/ total carpet area
of commercial and residential apartments in the REP)
C19 * (C9/ C10)
0.125
crore
21
Tr= T x F1 x F2 x F3 x F4
22
F1
C4 / C10
0.875
23
F2
C13 / C4
0.533
24
F3
C16 / C14
0.200
25
F4
1/ C11
5
26
Tr= T x F1 x F2 x F3 x F4
C19 * C22 * C23 * C24 * C25
0.467
crore
27
Eligible ITC (Te)=Tc + Tr
C26 + C20
0.592
crore
28
ITC to be reversed on transition, Tx= T- Te
C19 - C27
0.408
crore
Details of a REP (Res + Com)
Sl. No
* Note:-
1. The value of T at C19 has been estimated for illustration based on weighted average tax on inputs.
2. In actual practice, the registered person shall take 'aggregate of ITC taken as declared in GSTR-3B of tax periods from 1.7.2017 or
commencemnt of project which is later and transitional credit taken under section 140 of CGST Act' as value of T.
Tamil nadu government gazette extraordinary
11
Illustration 2:
A
B
C
D
1
No. of apartments in the project
100
units
2
No. of residential apartments in the project
75
units
3
Carpet area of the residential apartment
70
sqm
4
Total carpet area of the residential apartments
C2 * C3
5250
sqm
5
value of each residential apartment
0.60
crore
6
Total value of the residential apartments
C2 * C5
45.00
crore
7
No. of commercial apartments in the project
25
units
8
Carpet area of the commercial apartment
30
sqm
9
Total carpet area of the commercial apartments
C7 * C8
750
sqm
10
Total carpet area of the project (Resi + Com)
C4 + C9
6000
sqm
11
Percentage completion (Pc) as on 31.03.2019 [as declared to RERA or
determined by chertered engineer]
20%
12
No of residential apartments booked before transition
40
units
13
Total carpet area of the residential apartments booked before transition
C12 * C3
2800
sqm
14
Value of booked residential apartments
C5 * C12
24
crore
15
Percentage invoicing of booked residential apartments on or before 31.03.2019
60%
16
Total value of supply of residential apartments having t.o.s. prior to transition
C14 * C15
14.4
crore
17
ITC to be reversed on transition, Tx= T- Te
18
Eligible ITC (Te)= Tc + Tr
19
T (*see notes below)
1
crore
20
Tc= T x (carpet area of commercial apartments in the REP/ total carpet area of
commercial and residential apartments in the REP)
C19 * (C9/ C10)
0.125
crore
21
Tr= T x F1 x F2 x F3 x F4
22
F1
C4 / C10
0.875
23
F2
C13 / C4
0.533
24
F3
C16 / C14
0.600
25
F4
1/ C11
5
26
Tr= T x F1 x F2 x F3 x F4
C19 * C22 * C23 * C24 * C25
1.400
crore
27
Eligible ITC (Te)=Tc + Tr
C26 + C20
1.525
crore
28
ITC to be reversed/ taken on transition, Tx= T- Te
C19 - C27
-0.525
crore
29
Tx after application of cap on % invoicing vis-a-vis Pc
30
% completion
20%
31
% invoicing
60%
32
% invoicing after application of cap(Pc + 25%)
C11+25%
45%
33
Total value of supply of residential apartments having t.o.s. prior to transition
C14*C32
10.80
crore
34
F3 after application of cap
C33/C14
0.45
35
Tr= T x F1 x F2 x F3 x F4 (after application of cap)
C19 * C22 * C23 * C34 * C25
1.05
crore
36
Eligible ITC (Te)=Tc + Tr (after application of cap)
C20 + C35
1.18
crore
37
ITC to be reversed / taken on transition, Tx= T- Te (after application of cap)
C19 - C36
-0.18
crore
38
Tx after application of cap on % invoicing vis-a-vis Pc and payment realisation
39
% invoicing after application of cap(Pc + 25%)
45%
40
Total value of supply of residential apartments having t.o.s. prior to transition
C33
10.80
crore
41
Consideration received
8.00
crore
42
Total value of supply of residential apartments having t.o.s. prior to transition
after application of cap vis-a-vis consideration received
8 cr + 25% of 8 Cr
10.00
crore
43
F3 after application of both the caps
C42 / C14
0.42
44
Tr= T x F1 x F2 x F3 x F4 (after application of both the caps)
C19 * C22 * C23 * C43 * C25
0.97
45
Eligible ITC (Te)=Tc + Tr (after application of both the caps)
C20 + C44
1.10
46
ITC to be reversed / taken on transition, Tx= T- Te (after application of both the
caps)
C19 - C45
-0.10
crore
Sl. No
Details of a REP (Res + Com)
* Note:-
1. The value of T at C19 has been estimated for illustration based on weighted average tax on inputs.
2. In actual practice, the registered person shall take 'aggregate of ITC taken as declared in GSTR-3B of tax periods from 1.7.2017 or
commencemnt of project which is later and transitional credit taken under section 140 of CGST Act' as value of T.
12
Tamil nadu government gazette extraordinary
Annexure II
Residential Real Estate Project (RREP)
Input tax credit attributable to construction of residential and commercial portion in a Residential Real estate project
(RREP), which has time of supply on or after 1st April, 2019, shall be calculated project wise for all projects which commence
on or after 1st April, 2019 or ongoing projects 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) against serial number 3, as the case may be, in the
prescribed manner, before the due date for furnishing of the return for the month of September following the end of financial
year 2018-19, in the following manner:
1. Where % completion as on 31st March, 2019 is not zero or where there is inventory in stock
(a) Input tax credit on inputs and input services attributable to construction of residential and commercial portion in
an RREP, which has time of supply on or after 1st April, 2019, may be denoted as Tx. Tx shall be calculated as under:
Tx=T-Te
Where,
(i) T is the total ITC availed (utilized or not) on inputs and input services used in construction of the RREP from
1st July, 2017 to 31st March, 2019 including transitional credit taken on 1st July, 2017;
(ii) Te is the eligible ITC attributable to construction of commercial portion and construction of residential portion,
in the RREP which has time of supply on or before 31st March, 2019;
(b) Te shall be calculated as under:
Te= T* F1 * F2 * F3* F4
Where, -
F1=
Carpet area of residential and commercial apartments in the RREP
Total carpet area of apartments in the RREP
(In case of a Residential Real Estate Project, value of “F1” shall be 1.)
Total carpet area of residential and commercial apartment booked on or before
31st March, 2019
F2=
Total carpet area of the residential and commercial apartment in the RREP
Such value of supply of construction of residential and commercial
apartments booked on or before 31stMarch, 2019 which has time of supply
on or before 31stMarch, 2019
F3=
Total value of supply of construction of residential and commercial apartments
booked on or before 31stMarch, 2019
(F3 is to account for percentage invoicing of booked residential apartments)
F4=
1
% Completion of construction as on 31stMarch, 2019
Illustration: where one-fifth (twenty percent.) of the construction has been completed, F4 shall be 100 ÷ 20 = 5.
Explanation: “% Completion of construction as on 31stMarch, 2019” shall be the same as declared to the Real Estate
Regulatory Authority in terms of section 4 and section 11 of Real Estate (Regulation and Development) Act, 2016 and where
the same is not required to be declared to the Real Estate Regulatory Authority, it shall be got determined and certified by
anarchitect registered with the Council of Architecture constituted under the Architects Act, 1972 (Central Act 20 of 1972) or
a chartered engineer registered with the Institution of Engineers (India).
(c) The amounts ‘Tx’ and ‘Te’ shall be computed separately for input tax credit of central tax, State tax, Union territory
tax and integrated tax.
Tamil nadu government gazette extraordinary
13
(d) Where, Tx is positive, i.e. Te<T, the registered person shall pay, by debit in the electronic credit ledger or electronic
cash ledger, an amount equal to the difference between T and Te. Such amount shall form part of the output tax liability of
the registered person and the amount shall be furnished in FORM GST ITC- 03.
Explanation.- The registered person may file an application in FORM GST DRC-20, seeking extension of time for the
payment of taxes or any amount due or for allowing payment of such taxes or amount in installments in accordance with the
provisions of section 80. The commissioner may issue an order in FORM GST DRC-21 allowing the taxable person further
time to make payment and/or to pay the amount in such monthly installments, not exceeding twenty-four, as he may deem fit.
(e) Where, Tx is negative, i.e. Te>T, the registered person shall be eligible to take ITC on goods and services received on
or after 1st April, 2019 for construction of the RREP, for which he shall not otherwise be eligible, to the extent of difference
between Te and T.
(f) Where percentage completion is zero but ITC has been availed on goods and services received for the project on
or prior to 31st March, 2019, input tax credit attributable to construction of residential and commercial portion which has time
of supply on or after 1st April, 2019, shall be calculated and the amount equal to Tx shall be paid or taken credit of, as the
case may be, as prescribed above, with the modification that percentage completion for calculation of F4 shall be taken as
the percentage completion which, as certified by an architect registered with the Council of Architecture constituted under
the Architects Act, 1972 (Central Act 20 of 1972) or a chartered engineer registered with the Institution of Engineers (India),
can be achieved with the input services received and inputs in stock as on 31stMarch, 2019.
2. Where % completion as on 31st March, 2019 is zero but invoicing has been done having time of supply
before 31st March, 2019, and no input services or inputs have been received as on 31st March, 2019, “Te” shall be
calculated as follows: -
(a) Input tax credit on inputs and input services attributable to construction of residential and commercial portion in an
RREP, which has time of supply on or before 31st March, 2019 may be denoted as Te which shall be calculated as under,
Te = Tn* F1 * F2 * F3
Where, -
Tn= Tax paid on such inputs and input services on which ITC is available under the Tamil Nadu Goods and Services
Tax Act, received in 2019-20 for construction of residential and commercial apartments in the RREP.
F1, F2 and F3 shall be the same as in para 1 above
(b) The registered person shall be eligible to take ITC on goods and services received on or after 1st April, 2019 for
construction of residential or commercial portion in the RREP, for which he shall not otherwise be eligible, to the extent of
the amount of Te.
(c) The amount ‘Te’ shall be computed separately for input tax credit of central tax, State tax, Union territory tax and
integrated tax.
3. Notwithstanding anything contained in paragraph 1 or paragraph 2 above, Te shall be determined in the following
situations as under:
(i) where percentage invoicing is more than the percentage completion and the difference between percentage
invoicing (per cent. points) and the percentage completion (per cent. points) of construction is more than 25 percent.points;
the value of percentage invoicing shall be deemed to be percentage completion plus 25 percent. points;
(ii) where the value of invoices issued on or prior to 31st March, 2019 exceeds the consideration actually received
on or prior to 31st March, 2019 by more than 25 per cent.of consideration actually received; the value of such invoices for
the purpose of determination of percentage invoicing shall be deemed to be actual consideration received plus 25 per cent.
of the actual consideration received; and
(iii) where, the value of procurement of inputs and input services prior to 1st April, 2019 exceeds the value of actual
consumption of the inputs and input services used in the percentage of construction completed as on 31st March, 2019 by more
than 25 per cent. of value of actual consumption of inputs and input services, the jurisdictional commissioner or any other
officer authorized in this regard may fix the Te based on actual per unit consumption of inputs and input services based on
the documents duly certified by a chartered accountant or cost accountant submitted by the promoter in this regard, applying
the accepted principles of accounting.
14
Tamil nadu government gazette extraordinary
Illustration 1:
A
B
C
D
1
No. of apartments in the project
100
units
2
No. of residential apartments in the project
100
units
3
Carpet area of the residential apartment
70
sqm
4
Total carpet area of the residential apartments
C2 * C3
7000
sqm
5
value of each residential apartment
0.60
crore
6
Percentage completion as on 31.03.2019 [as declared to RERA or determined by
chertered engineer]
20%
7
No of apartments booked before transition
80
units
8
Total carpet area of the residential apartment booked before transition
C3 * C7
5600
sqm
9
Value of booked residential apartments
C5 * C7
48
crore
10
Percentage invoicing of booked residential apartments on or before 31.03.2019
20%
11
Total value of supply of residential apartments having t.o.s. prior to transition
C9 * C10
9.6
crore
12
ITC to be reversed on transition, Tx= T- Te
13
Eligible ITC (Te)=T x F1 x F2 x F3 x F4)
14
T (*see notes below)
1
crore
15
F1
1
16
F2
C8 / C4
0.8
17
F3
C11 / C9
0.2
18
F4
1/ C6
5
19
Eligible ITC (Te)=T x F1 x F2 x F3 x F4)
C14 * C15 * C16 * C17 * C18
0.8
crore
20
ITC to be reversed on transition, Tx= T- Te
C14 - C19
0.2
crore
Details of a residential real estate project (RREP)
Sl No
*Note:-
1. The value of T at C14 has been estimated for illustration based on weighted average tax on inputs.
2. In actual practice, the registered person shall take 'aggregate of ITC taken as declared in GSTR-3B of tax periods from 1.7.2017
or commencemnt of project which is later and transitional credit taken under section 140 of CGST Act' as value of T.
Tamil nadu government gazette extraordinary
15
Illustration 2:
A
B
C
D
1
No. of apartments in the project
100
units
2
No. of residential apartments in the project
100
units
3
Carpet area of the residential apartment
70
sqm
4
Total carpet area of the residential apartments
C2 * C3
7000
sqm
5
value of each residential apartment
0.60
crore
6
Percentage completion as on 31.03.2019 [as declared to RERA or determined by
chertered engineer]
20%
7
No of apartments booked before transition
80
units
8
Total carpet area of the residential apartment booked before transition
C3 * C7
5600
sqm
9
Value of booked residential apartments
C5 * C7
48
crore
10
Percentage invoicing of booked residential apartments on or before 31.03.2019
60%
11
Total value of supply of residential apartments having t.o.s. prior to transition
C9 * C10
28.8
crore
12
ITC to be reversed on transition, Tx= T- Te
13
Eligible ITC (Te)=T x F1 x F2 x F3 x F4)
14
T (*see notes below)
1
crore
15
F1
1
16
F2
C8 / C4
0.8
17
F3
C11 / C9
0.6
18
F4
1/ C6
5
19
Eligible ITC (Te)=T x F1 x F2 x F3 x F4)
C14 * C15 * C16 * C17 * C18
2.4
crore
20
ITC to be reversed on transition, Tx= T- Te
C14 - C19
-1.4
crore
21
Tx after application of cap on % invoicing vis-a-vis Pc
22
% completion
20%
23
% invoicing
60%
24
% invoicing after application of cap(Pc + 25%)
C6 + 25 %
45%
25
Total value of supply of residential apartments having t.o.s. prior to transition
C9 * C24
21.60
crore
26
F3 after application of cap
C25/C9
0.45
27
Te= T x F1 x F2 x F3 x F4 (after application of cap)
C14 * C15 * C16 * C26 * C18
1.80
crore
28
ITC to be reversed / taken on transition, Tx= T- Te (after application of cap)
C14 - C27
-0.80
crore
29
Tx after application of cap on % invoicing vis-a-vis Pc and payment realisation
30
% invoicing after application of cap(Pc + 25%)
45%
31
Total value of supply of residential apartments having t.o.s. prior to transition
C25
21.60
crore
32
consideration received
16.00
crore
33
Total value of supply of residential apartments having t.o.s. prior to transition after
application of cap vis-a-vis consideration received
16 cr + 25% of 16 Cr
20.00
crore
34
F3 after application of both the caps
C33/C9
0.42
35
Te= T x F1 x F2 x F3 x F4 (after application of both the caps)
C14 * C15 * C34 * C26 * C18
1.67
36
ITC to be reversed / taken on transition, Tx= T- Te (after application of both the
caps)
C14 - C35
-0.67
crore
Sl No
Details of a residential real estate project (RREP)
*Note:-
1. The value of T at C14 has been estimated for illustration based on weighted average tax on inputs.
2. In actual practice, the registered person shall take 'aggregate of ITC taken as declared in GSTR-3B of tax periods from 1.7.2017 or
commencemnt of project which is later and transitional credit taken under section 140 of CGST Act' as value of T.
16
Tamil nadu government gazette extraordinary
Annexure III
Illustration 1:
A promoter has procured following goods and services [other than capital goods and services by way of grant of development
rights, long term lease of land or FSI] for construction of a residential real estate project during a financial year.
Sl.
No.
Name of input goods
and services
Percentage of input
goods and services
received during the
financial year
Whether inputs received
from registered supplier?
(Y/ N)
1
Sand
10
Y
2
Cement
15
N
3
Steel
20
Y
4
Bricks
15
Y
5
Flooring tiles
10
Y
6
Paints
5
Y
7
Architect/ designing/
CAD drawing etc.
10
Y
8
Aluminium windows, Ply,
commercial wood
15
Y
In this example, the promoter has procured 80 per cent.of goods and 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], from a GST registered person.
However, he has procured cement from an unregistered supplier. Hence at the end of financial year, the promoter has to
pay GST on cement at the applicable rates on reverse charge basis.
Illustration 2:
A promoter has procured following goods and 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], for construction of a residential real estate project
during a financial year.
S l .
No.
Name of input goods
and services
Percentage of input
goods and services
received during the
financial year
Whether inputs received
from registered supplier?
(Y/ N)
1
Sand
10
Y
2
Cement
15
Y
3
Steel
20
Y
4
Bricks
15
Y
5
Flooring tiles
10
Y
6
Paints
5
N
7
Architect/ designing/
CAD drawing etc.
10
Y
8
Aluminium windows,
Ply, commercial wood
15
N
Tamil nadu government gazette extraordinary
17
In this example, the promoter has procured 80 per cent.of goods and services including cement from a GST registered
person. However, he has procured paints, aluminum windows, ply and commercial wood etc. from an unregistered supplier.
Hence at the end of financial year, the promoter is not required to pay GST on inputs on reverse charge basis.
Illustration 3:
A promoter has procured following goods and 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], for construction of a residential real estate project
during a financial year.
S l .
No.
Name of input goods
and services
Percentage of input
goods and services
received during the
financial year
Whether inputs procured
from registered supplier?
(Y/ N)
1
Sand
10
N
2
Cement
15
N
3
Steel
15
Y
4
Bricks
10
Y
5
Flooring tiles
10
Y
6
Paints
5
Y
7
Architect/ designing/
CAD drawing etc.
10
Y
8
Aluminium windows
15
N
9
Ply, commercial wood
10
N
In this example, the promoter has procured 50 per cent.of goods and services from a GST registered person. However,
he has procured sand, cement and aluminum windows, ply and commercial wood etc. from an unregistered supplier. Thus,
value of goods and services procured from registered suppliers during a financial year falls short of threshold limit of 80 per
cent. To fulfill his tax liability on the shortfall of 30 per cent.from mandatory purchase, the promoterhas to pay GST on cement
at the applicable rate on reverse charge basis. After payment of GST on cement, on the remaining shortfall of 15 per cent.,
the promoter shall pay tax @ 18 per cent. under RCM.
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Tamil nadu government gazette extraordinary
Annexure IV
FORM
(Form for exercising one time option to pay tax on construction of apartments in a project by the promoters at the
rate as specified for item (ie) or (if), against serial number 3 in the Table in this notification, as the case may be, by the
10th of May, 2019)
Reference No. ___________________
Date ____________
To ____________________
____________________
____________________
(To be addressed to the jurisdictional Commissioner)
1. GSTIN:
2. RERA registration Number of the Project:
3. Name of the project, if any:
4. The location details of the project, with clear demarcation of land dedicated for the project along with its boundaries
including the longitude and latitude of the end points of the project:
5. The number, type and the carpet area of apartments for booking or sale in the project:
6. Date of receipt of commencement certificate:
Declaration
1. I hereby exercise the option to pay tax on construction of apartments in the above mentioned project as under :
I shall pay tax on construction of
the apartments:
(put (√) in appropriate box)
At the rate as specified for item
(ie) or (if), against serial number
3 in the Table in this notification,
as the case may be
At the rate as specified for item
(i) or (ia) or (ib) or (ic) or (id),
against serial number 3 in the
Table in this notification, as the
case may be
2. I understand that this is a onetime option, which once exercised, shall not be allowed to be changed.
3. I also understand that invoices for supply of the service can be issued during the period from 1st April 2019 to 10th
May 2019 before exercising the option, but such invoices shall be in accordance with the option being exercised herein.
Signature ___________________
Name _______________________
Designation _________________
Place __________________
Date __________________
Tamil nadu government gazette extraordinary
19
[G.O. Ms. No. 43, Commercial Taxes and Registration (B1), 29th March 2019,
Panguni 15, Vilambi, Thiruvalluvar Aandu-2050.]
No. II(2)/CTR/269(c-2)/2019.
In exercise of the powers conferred by sub-section (1) of section 11 of the Tamil Nadu Goods and Services Tax Act,
2017 (Tamil Nadu Act 19 of 2017), the Governor of Tamil Nadu, on being satisfied that it is necessary in the public interest
so to do, on the recommendations of the Council, hereby makes the following further amendments to the Commercial Taxes
and Registration Department Notification No.II(2)/CTR/532(d-15)/2017, published at pages 119 to 143 in Part II-Section 2 of
the Tamil Nadu Government Gazette, Extraordinary, dated the 29th June, 2017, namely:-
AMENDMENTS.
In the said notification,-
(i) in the opening paragraph, for the word, brackets and figures “sub-section (1) of section 11” the word, brackets and
figures “, sub-section (3) and sub-section (4) of section 9, sub-section (1) of section 11, sub-section (5) of section 15 and
section 148,” shall be substituted;
(ii) in the Table, -
(a) after serial number 41 and the entries relating thereto, the following serial numbers and entries shall be inserted,
namely:-
(1)
(2)
(3)
(4)
(5)
“41A
Heading
9972
Service by way of transfer of
development rights (herein
refer TDR) or Floor Space
Index (FSI) (including additional
FSI) on or after 1st April, 2019
for construction of residential
apartments by a promoter in a
project, 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.
The amount of GST exemption
available for construction of
residential apartments in the
project under this notification
shall be calculated as under:
[GST payable on TDR or FSI
(including additional FSI) or
both for construction of the
project]x(carpet area of the
residential apartments in the
project ÷ Total carpet area of
the residential and commercial
apartments in the project )
Nil
Provided that the promoter shall be liable to pay tax
at the applicable rate, on reverse charge basis, on
such proportion of value of development rights, or FSI
(including additional FSI), or both, as is attributable to
the residential apartments, which remain un-booked on
the date of issuance of completion certificate, or first
occupation of the project, as the case may be, in the
following manner:-
[GST payable on TDR or FSI (including additional FSI)
or both for construction of the residential apartments in
the project but for the exemption contained herein] x
(carpet area of the residential apartments in the project
which remain un-booked on the date of issuance of
completion certificate or first occupation ÷ Total carpet
area of the residential apartments in the project)
Provided further that tax payable in terms of the first
proviso hereinabove shall not exceed 0.5 per cent. of
the value in case of affordable residential apartments
and 2.5 per cent. of the value in case of residential
apartments other than affordable residential apartments
remaining un-booked on the date of issuance of
completion certificate or first occupation
The liability to pay state tax on the said portion of the
development rights or FSI, or both, calculated as above,
shall arise on the date of completion or first occupation
of the project, as the case may be, whichever is earlier.
20
Tamil nadu government gazette extraordinary
(1)
(2)
(3)
(4)
(5)
41B
H e a d i n g
9972
Upfront amount (called as
premium, salami, cost, price,
development charges or by
any other name) payable in
respect of service by way of
granting of long term lease of
thirty years, or more, on or after
01.04.2019, for construction
of residential apartments by a
promoter in a project, 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.
The amount of GST exemption
available for construction of
residential apartments in the
project under this notification
shall be calculated as under:
[GST payable on upfront
amount (called as premium,
salami, cost, price, development
charges or by any other name)
payable for long term lease
of land for construction of the
project]x(carpet area of the
residential apartments in the
project ÷ Total carpet area of
the residential and commercial
apartments in the project).
Nil
Provided that the promoter shall be liable to pay tax at
the applicable rate, on reverse charge basis, on such
proportion of upfront amount (called as premium, salami,
cost, price, development charges or by any other name)
paid for long term lease of land, as is attributable to
the residential apartments, which remain un-booked on
the date of issuance of completion certificate, or first
occupation of the project, as the case may be, in the
following manner -
[GST payable on upfront amount (called as premium,
salami, cost, price, development charges or by any
other name) payable for long term lease of land for
construction of the residential apartments in the project
but for the exemption contained herein]x(carpet area of
the residential apartments in the project which remain
un-booked on the date of issuance of completion
certificate or first occupation ÷ Total carpet area of the
residential apartments in the project);
Provided further that the tax payable in terms of the
first proviso shall not exceed 0.5 per cent. of the value
in case of affordable residential apartments and 2.5
per cent. of the value in case of residential apartments
other than affordable residential apartments remaining
un-booked on the date of issuance of completion
certificate or first occupation.
The liability to pay state tax on the said proportion of
upfront amount (called as premium, salami, cost, price,
development charges or by any other name) paid for
long term lease of land, calculated as above, shall arise
on the date of issue of completion certificate or first
occupation of the project, as the case may be.
(iii) after paragraph 1, the following paragraphs shall be inserted, namely, -
“1A. Value of supply of service by way of transfer of development rights or FSI by a person to the promoter against
consideration in the form of residential or commercial apartments shall be deemed to be equal to the value of similar
apartments charged by the promoter from the independent buyers nearest to the date on which such development rights or
FSI is transferred to the promoter.
1B. Value of portion of residential or commercial apartments remaining un-booked on the date of issuance of completion
certificate or first occupation, as the case may be, shall be deemed to be equal to the value of similar apartments charged
by the promoter nearest to the date of issuance of completion certificate or first occupation, as the case may be.”
(iv) in paragraph 3 relating to Explanation, after clause (iv), the following clause shall be inserted, namely: -
“(v) The term “apartment” shall have the same meaning as assigned to it in clause (e) under section 2 of the Real Estate
(Regulation and Development) Act, 2016 (Central Act 16 of 2017).
(vi) The term “affordable residential apartment” shall have the same meaning as assigned to it in the Commercial Taxes
and Registration Department Notification No.II(2)/CTR/532(d-14)/2017, published at pages 85 to 119 in Part II-Section 2 of
the Tamil Nadu Government Gazette, Extraordinary, dated the 29th June, 2017, as amended.
(vii) The term “promoter” shall have the same meaning as assigned to it in clause (zk) under section 2 of the Real Estate
(Regulation and Development) Act, 2016 (Central Act 16 of 2017).
(viii) The term “project” shall mean a Real Estate Project or a Residential Real Estate Project.
(ix) the term “Real Estate Project (REP)” shall have the same meaning as assigned to it in clause (zn) under section 2
of the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2017).
Tamil nadu government gazette extraordinary
21
(x) The term “Residential Real Estate Project (RREP)” shall mean a REP in which the carpet area of the commercial
apartments is not more than 15 per cent.of the total carpet area of all the apartments in the REP;
(xi) The term “carpet area” shall have the same meaning as assigned to it in clause (k) under section 2 of the Real Estate
(Regulation and Development) Act, 2016 (Central Act 16 of 2017).
(xii) “an apartment booked on the date of issuance of completion certificate or first occupation of the project” shall mean
an apartment which meets all the following three conditions, namely-
(a) part of supply of construction of the apartment service has time of supply on or before the said date; and
(b) consideration equal to at least one instalment has been credited to the bank account of the registered person on or
before the said date; 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 said date.
(xiii) “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 come into force with effect from the 1st day of April, 2019.
[G.O. Ms. No. 44, Commercial Taxes and Registration (B1), 29th March 2019,
Panguni 15, Vilambi, Thiruvalluvar Aandu-2050.]
No. II(2)/CTR/269(c-3)/2019.
In exercise of the powers conferred by sub-section (3) of section 9 of the Tamil Nadu Goods and Services Tax Act,
2017 (Tamil Nadu Act 19 of 2017), the Governor of Tamil Nadu, on the recommendations of the Council, hereby makes the
following further amendments to the Commercial Taxes and Registration Department Notification No.II(2)/CTR/532(d-16)/2017,
published at pages 143 to 146 in Part II-Section 2 of the Tamil Nadu Government Gazette, Extraordinary, dated the 29th
June, 2017, namely:-
Amendments.
In the said notification, -
(i) in the Table, after serial number 5A and the entries relating thereto, the following serial number and entries shall be
inserted, namely: -
(1)
(2)
(3)
(4)
“5B
Services supplied by any person by way of transfer of development
rights or Floor Space Index (FSI) (including additional FSI) for
construction of a project by a promoter.
Any person
Promoter.
5C
Long term lease of land (30 years or more) by any person against
consideration in the form of upfront amount (called as premium,
salami, cost, price, development charges or by any other name)
and/or periodic rent for construction of a project by a promoter.
Any person
Promoter.”;
(ii) in the Explanation, after clause (h), the following clauses shall be inserted, namely: -
“(i) The term “apartment” shall have the same meaning as assigned to it in clause (e) under section 2 of the Real
Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2017).
(j) the term “promoter” shall have the same meaning as assigned to it in clause (zk) under section 2 of the Real Estate
(Regulation and Development) Act, 2016 (Central Act 16 of 2017).
(k) the term “project” shall mean a Real Estate Project (REP) or a Residential Real Estate Project (RREP);
(l) “the term “Real Estate Project (REP)” shall have the same meaning as assigned to it in clause (zn) of section 2 of
the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016).
(m) The term “Residential Real Estate Project (RREP)” shall mean a REP in which the carpet area of the commercial
apartments is not more than 15 per cent.of the total carpet area of all the apartments in the REP.
(n) “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 come into force with effect from the 1st of April, 2019.
22
Tamil nadu government gazette extraordinary
Notifications under the Tamil Nadu Goods and Services Tax Act.
[G.O. Ms. No. 45, Commercial Taxes and Registration (B1), 29th March 2019,
Panguni 15, Vilambi, Thiruvalluvar Aandu-2050.]
No. II(2)/CTR/269(c-4)/2019.
IIn exercise of the powers conferred by section 148 of the Tamil Nadu Goods and Services Tax Act, 2017 (Tamil Nadu
Act 19 of 2017), the Governor of Tamil Nadu, hereby notifies the following classes of registered persons, namely:-
(i) a promoter who receives development rights or Floor Space Index (FSI) (including additional FSI) on or after 1st April,
2019 for construction of a project against consideration payable or paid by him, wholly or partly, in the form of construction
service of commercial or residential apartments in the project or in any other form including in cash;
(ii) a promoter, who receives long term lease of land on or after 1st April, 2019 for construction of residential apartments
in a project against consideration payable or paid by him, in the form of upfront amount (called as premium, salami, cost,
price, development charges or by any other name),
as the registered persons in whose case the liability to pay state tax on, -
(a) the consideration paid by him in the form of construction service of commercial or residential apartments in the
project, for supply of development rights or FSI (including additional FSI);
(b) the monetary consideration paid by him, for supply of development rights or FSI (including additional FSI) relatable
to construction of residential apartments in project;
(c) the upfront amount (called as premium, salami, cost, price, development charges or by any other name) paid by
him for long term lease of land relatable to construction of residential apartments in the project; and
(d) the supply of construction service by him against consideration in the form of development rights or FSI (including
additional FSI),-
shall arise on the date of issuance of completion certificate for the project, where required, by the competent authority or
on its first occupation, whichever is earlier.
2. Explanation:- For the purpose of this notification,-
(i) 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 (Central Act 16 of 2016);
(ii) the term “promoter” shall have the same meaning as assigned to it in clause (zk) of section 2 of the Real Estate
(Regulation and Development) Act, 2016 (Central Act 16 of 2016);
(iii) the term “project” shall mean a Real Estate Project (REP) or a Residential Real Estate Project (RREP);
(iv) the term “Real Estate Project (REP)” shall have the same meaning as assigned to it in clause (zn) of section 2
of the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016);.
(v) the term “Residential Real Estate Project (RREP)” shall mean a REP in which the carpet area of the commercial
apartments is not more than 15 per cent.of the total carpet area of all the apartments in the REP.
(vi) the term "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.
(vii) Tax on services covered by sub-para (i) and (ii) of paragraph 1 above is required to be paid under reverse charge
basis in accordance with the Commercial Taxes and Registration Department Notification No.II(2)/CTR/532(d-16)/2017, published
at pages 143 to 146 in Part II-Section 2 of the Tamil Nadu Government Gazette, Extraordinary, dated the 29th June, 2017,
as amended.
3.This notification shall come into force with effect from the 1stday of April, 2019.
Tamil nadu government gazette extraordinary
23
[G.O. Ms. No. 46, Commercial Taxes and Registration (B1), 29th March 2019,
Panguni 15, Vilambi, Thiruvalluvar Aandu-2050.]
No. II(2)/CTR/269(c-5)/2019.
In exercise of the powers conferred by sub-section (4) of section 9 of the Tamil Nadu Goods and Services Tax Act,
2017 (Tamil Nadu Act 19 of 2017), the Governor of Tamil Nadu, on the recommendations of the Council, hereby notifies
that the registered person specified in column (3) of the table below, shall in respect of supply of goods or services or both
specified in column (2) of the Table below, received from an unregistered supplier shall pay tax on reverse charge basis as
recipient of such goods or services or both, namely:-
Table
Sl. No.
Category of supply of goods and services
Recipient of goods
and services
(1)
(2)
(3)
1
Supply of such goods and services or both [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)] which
constitute the shortfall from the minimum value of goods or services or both required
to be purchased by a promoter for construction of project, in a financial year (or part
of the financial year till the date of issuance of completion certificate or first occupation,
whichever is earlier) as prescribed in the Commercial Taxes and Registration Department
Notification No.II(2)/CTR/532(d-14)/2017, at items (i), (ia), (ib), (ic) and (id) against
serial No. (3), published at pages 85 to 119 in Part II-Section 2 of the Tamil Nadu
Government Gazette, Extraordinary, dated the 29th June, 2017, as amended.
Promoter.
2
Cement falling in chapter heading 2523 in the first schedule to the Customs Tariff Act,
1975 (Central Act 51 of 1975) which constitute the shortfall from the minimum value
of goods or services or both required to be purchased by a promoter for construction
of project, in a financial year (or part of the financial year till the date of issuance of
completion certificate or first occupation, whichever is earlier) as prescribed in the
Commercial Taxes and Registration Department Notification No.II(2)/CTR/532(d-14)/2017,
at items (i), (ia), (ib), (ic) and (id) against serial No. (3), published at pages 85 to 119
in Part II-Section 2 of the Tamil Nadu Government Gazette, Extraordinary, dated the
29th June, 2017, as amended.
Promoter.
3
Capital goods falling under any chapter in the first schedule to the Customs Tariff Act,
1975 (Central Act 51 of 1975) supplied to a promoter for construction of a project
on which tax is payable or paid at the rate prescribed for items (i), (ia), (ib), (ic) and
(id) against serial number 3 in the Table, in the Commercial Taxes and Registration
Department Notification No.II(2)/CTR/532(d-14)/2017, published at pages 85 to 119 in
Part II-Section 2 of the Tamil Nadu Government Gazette, Extraordinary, dated the 29th
June, 2017, as amended.
Promoter
Explanation.- For the purpose of this notification, -
(i) the term “promoter” shall have the same meaning as assigned to it in clause (zk) of section 2 of the Real Estate
(Regulation and Development) Act, 2016 (Central Act 16 of 2016);
(ii) “project” shall mean a Real Estate Project (REP) or a Residential Real Estate Project (RREP);
(iii) the term “Real Estate Project (REP)” shall have the same meaning as assigned to it in clause (zn) of section 2
of the Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016);
(iv) “Residential Real Estate Project (RREP)” shall mean a REP in which the carpet area of the commercial apartments
is not more than 15 per cent. of the total carpet area of all the apartments in the REP.
(v) the term "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 come into force with effect from the 1st of April, 2019.
24
Tamil nadu government gazette extraordinary
[G.O. Ms. No. 47, Commercial Taxes and Registration (B1), 29th March 2019,
Panguni 15, Vilambi, Thiruvalluvar Aandu-2050.]
No. II(2)/CTR/269(c-6)/2019.
In exercise of the powers conferred by sub-section (1) of section 9 and sub-section (5) of section 15 of the Tamil Nadu
Goods and Services Tax Act, 2017 (Tamil Nadu Act 19 of 2017), the Governor of Tamil Nadu, on the recommendations of the
Council, hereby makes the following amendments to the Commercial Taxes and Registration Department Notification No.II(2)/
CTR/532(d-4)/2017, published at pages 3-68 in Part II-Section 2 of the Tamil Nadu Government Gazette, Extraordinary, dated
29th June, 2017, namely:-
AMENDMENTS.
In the said notification, in Schedule III - 9%, after serial number 452P in column (1) and the entries relating thereto, the
following serial number and entries shall be inserted, namely: -
(1)
(2)
(3)
“452Q
Any chapter
Supply of any goods other than capital goods and cement falling under chapter
heading 2523 in the first schedule to the Customs Tariff Act, 1975 (Central Act 51
of 1975), by an unregistered person to a promoter for construction of the project on
which tax is payable by the promoter as recipient of goods under sub-section 4 of
section 9 of the Commercial Taxes and Registration Department Notification No.II(2)/
CTR/269(c-5)/2-19, published at page 23 - in Part II-Section 2 of the Tamil Nadu
Government Gazette, Extraordinary, dated 29th March, 2019.
Explanation.- For the purpose of this entry,–
(i) the term “promoter” shall have the same meaning as assigned to it in clause
(zk) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (Central
Act 16 of 2016).
(ii) “project” shall mean a Real Estate Project (REP) or a Residential Real Estate
Project (RREP).
(iii) the term “Real Estate Project (REP)” shall have the same meaning as assigned
to it in clause (zn) of section 2 of the Real Estate (Regulation and Development)
Act, 2016 (Central Act 16 of 2016).
(iv) “Residential Real Estate Project (RREP)” shall mean a REP in which the
carpet area of the commercial apartments is not more than 15 per cent.of the total
carpet area of all the apartments in the REP.
(v) This entry is to be taken to apply to all goods which satisfy the conditions
prescribed herein, even though they may be covered by a more specific chapter/
heading,/ sub-heading or tariff item elsewhere in this notification.
2. This notification shall come into force with effect from the 1st of April, 2019.
[G.O. Ms. No. 48, Commercial Taxes and Registration (B1), 29th March 2019,
Panguni 15, Vilambi, Thiruvalluvar Aandu-2050.]
No. II(2)/CTR/269(c-7)/2019.
In exercise of the powers conferred by sub-section (1) of section 9, sub-section (1) of section 11, sub-section (1) of section
16 of the Tamil Nadu Goods and Services Tax Act, 2017 (Tamil Nadu Act 19 of 2017) (herein after referred to as the “said
Act”), the Governor of Tamil Nadu, on the recommendations of the Council, and on being satisfied that it is necessary in
the public interest so to do, hereby makes the following amendments to the Commercial Taxes and Registration Department
Notification No.II(2)/CTR/212(g-1)/2019, published at pages 1-3 in Part II-Section 2 of the Tamil Nadu Government Gazette,
Extraordinary, dated 7th March, 2019, namely:-
Tamil nadu government gazette extraordinary
25
AMENDMENTS.
In the said notification, -
(i) in the Table, in column 3, after clause 7, the following clause shall be inserted, namely: -
“8. Where any registered person who has availed of input tax credit opts to pay tax under this notification, he shall pay
an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in
respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock and on capital goods as if
the supply made under this notification attracts the provisions of section 18(4) of the said Act and the rules made thereunder
and after payment of such amount, the balance of input tax credit, if any, lying in his electronic credit ledger shall lapse.”;
(ii) in paragraph 3, in the Explanation, after clause (ii), the following clause shall be inserted, namely: -
“(iii) the Tamil Nadu Goods and Services Tax Rules, 2017, as applicable to a person paying tax under section 10 of
the said Act shall, mutatis mutandis, apply to a person paying tax under this notification.”.
2. This notification shall come into force on the 1st day of April, 2019.
[G.O. Ms. No. 49, Commercial Taxes and Registration (B1), 29th March 2019,
Panguni 15, Vilambi, Thiruvalluvar Aandu-2050.]
No. II(2)/CTR/269(c-8)/2019.
Whereas, sub-section (2) of section 17 of the Tamil Nadu Goods and Services Tax Act, 2017 (Tamil Nadu Act 19 of
2017) (hereinafter in this order referred to as the “said Act”) provides that the input tax credit shall be restricted to so much
of input tax as is attributable to the taxable supplies;
And whereas sub-section (3) of section 17 of said Act provides that the value for the purpose of sub-section (2) of section
17 of the said Act shall be such as prescribed by rules;
Now, therefore, in exercise of the powers conferred by section 172 of the said Act, the Governor of Tamil Nadu, on
recommendations of the Council, hereby makes the following Order, namely:-
1. Short title. -- This Order may be called the Tamil Nadu Goods and Services Tax (Fourth Removal of Difficulties) Order,
2019.
2. For the removal of difficulties, it is hereby clarified that in case of supply of services covered by clause (b) of paragraph
5 of Schedule II of the said Act, the amount of credit attributable to the taxable supplies including zero rated supplies and
exempt supplies shall be determined on the basis of the area of the construction of the complex, building, civil structure or
a part thereof, which is taxable and the area which is exempt.
3. This Order shall come into force with effect from the 1st day of April 2019.
Ka. BALACHANDRAN,
Principal Secretary to Government.
printed and published by the Director of Stationery and printing, chennai
on behalf of the Government of Tamil Nadu