3481

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 28

( EXTRAORDINARY )

13TH OCTOBER, 2006

3481

Suggestions are welcome on e-mail: [email protected]

EXTRAORDINARY

GOVERNMENT OF GOA

Department of Finance

Revenue & Control Division

___

38/1/2017-Fin(R&C)

THE GOA GOODS AND SERVICES TAX (REMOVAL OF DIFFICULTIES) ORDER, 2019

Order No. 04/2019-State Tax

Whereas, sub-section (2) of section 17 of the Goa Goods and Services Tax Act, 2017 (Goa Act

4 of 2017) (hereafter 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 Goa

Government, on recommendations of the Council, hereby makes the following Order, namely:—

1. Short title.— This order may be called the Goa 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.

By order and in the name of the Governor of Goa.

Sushama D. Kamat, Under Secretary, Finance (R&C).

Porvorim, 29th March, 2019.

SERIES I No. 52

Panaji, 29th March, 2019 (Chaitra 8, 1941)

Reg. No. G-2/RNP/GOA/32/2018-20

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3482

Notification

38/1/2017-Fin(R&C)(4/2019-Rate)

In exercise of the powers conferred by sub-section (1) of section 11 of the Goa Goods and

Services Tax Act, 2017 (Goa Act 4 of 2017), the Government of Goa, 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 in the Government Notification No. 38/1/2017-Fin(R&C)

(12/2017-Rate), dated the 30th June, 2017, published in the Extraordinary Official Gazette

Series I No. 13, dated the 30th June, 2017, namely:—

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

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3483

(1)

(2)

(3)

(4)

(5)

apartments in the project

÷ Total carpet area of

the

residential

and

commercial apartments in

the project)

the case may be, whichever is earlier.

41B

Heading

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 construc-

tion

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,

d

evelopment

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,—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3484

“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 (16 of 2017).

(vi) The term “affordable residential apartment” shall have the same meaning as assigned

to it in the Notification No. 38/1/2017-Fin(R&C)(11/2017-Rate), dated 30th June, 2017,

published in the Extraordinary Official Gazette No. 3, Series I No. 13, , dated 30th 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 (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 (16 of

2017).

(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 clause (k) under

section 2 of the Real Estate (Regulation and Development) Act, 2016 (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.

By order and in the name of the Governor of Goa.

Sushama D. Kamat, Under Secretary, Finance (R&C).

Porvorim, 29th March, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3485

Notification

38/1/2017-Fin(R&C)(5/2019-Rate)

In exercise of the powers conferred by sub-section (3) of section 9 of the Goa Goods and

Services Tax Act, 2017 (Goa Act 4 of 2017), the Government of Goa, on the recommendations of

the Council, hereby makes the following further amendments in the Notification No. 38/1/2017-

-Fin(R&C)(13/2017-Rate), dated the 30th June, 2017, published in the Extraordinary Official

Gazette No. 3, Series I No. 13, dated the 30th June, 2017, namely:—

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 (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 (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

(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.

By order and in the name of the Governor of Goa.

Sushama D. Kamat, Under Secretary, Finance (R&C).

Porvorim, 29th March, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3486

Notification

38/1/2017-Fin(R&C)(6/2019-Rate)

In exercise of the powers conferred by section 148 of the Goa Goods and Services Tax Act,

2017 (Goa Act 4 of 2017), the Government of Goa, on the recommendations of the Council,

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 central 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 (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 (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 (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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3487

(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 Notification No. 38/1/2017-Fin

(R&C)(13/2017-Rate), dated the 30th June, 2017, published in the Extraordinary Official

Gazette No. 3, Series I No. 13, dated the 30th June, 2017, as amended.

3. This notification shall come into force with effect from the 1st day of April, 2019.

By order and in the name of the Governor of Goa.

Sushama D. Kamat, Under Secretary, Finance (R&C).

Porvorim, 29th March, 2019.

_________

\Notification

38/1/2017-Fin(R&C)(7/2019-Rate)

In exercise of the powers conferred by sub-section (4) of section 9 of the Goa Goods and

Services Tax Act, 2017 (Goa Act 4 of 2017), the Government of Goa, 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 notification No.

38/1/2017-Fin(R&C)(11/2017-Rate), dated 30th June, 2017, at items (i),

(ia), (ib), (ic) and (id) against serial No. 3, published in the Extraordinary

Official Gazette No. 3, Series I No. 13, dated 30th June, 2017, as

amended.

Promoter.

2

Cement falling in chapter heading 2523 in the first schedule to the

Customs Tariff Act, 1975 (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

notification No. 38/1/2017-Fin(R&C)(11/2017-Rate), dated 30th June,

2017, at items (i), (ia), (ib), (ic) and (id) against serial No. 3, published in

the Extraordinary Official Gazette No. 3, Series I No. 13, dated 30th

June, 2017, as amended.

Promoter.

3

Capital goods falling under any chapter in the first schedule to the

Customs Tariff Act, 1975 (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 notification No.38/1/2017-Fin(R&C)(11/2017-Rate), dated

30th June, 2017, published in the Extraordinary Official Gazette No. 3,

Series I No. 13, dated 30th June, 2017, as amended.

Promoter

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3488

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 (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 (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.

By order and in the name of the Governor of Goa.

Sushama D. Kamat, Under Secretary, Finance (R&C).

Porvorim, 29th March, 2019.

_________

\Notification

38/1/2017-Fin(R&C)(9/2019-Rate)

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 Goa Goods and Services Tax Act, 2017 (Goa Act 4 of

2017) (herein after referred to as the “said Act”), the Government of Goa, 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 in the Government Notification

No. 38/1/2017-Fin(R&C)(2/2019-Rate)/2527, dated the 8th March, 2019, published in

Extraordinary Official No. 2, Series I No. 49, dated , 8th March, 2019, namely:-

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 Goa 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.

By order and in the name of the Governor of Goa.

Sushama D. Kamat, Under Secretary, Finance (R&C).

Porvorim, 29th March, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3489

\Notification

38/1/2017-Fin(R&C)(8/2019-Rate)

In exercise of the powers conferred by sub-section (1) of section 9 and sub-section (5) of

section 15 of the Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017), the Government of

Goa, on the recommendations of the Council, hereby makes the following further amendments

in the Government notification No. 38/1/2017-Fin(R&C)(1/2017-Rate) dated the 30th June, 2017,

published in the Extraordinary Official Gazette No. 3, Series I No. 13, dated 30th June, 2017,

namely:—

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 (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 Goa Goods and Services Tax Act, 2017 (Goa

Act 4 of 2017), as prescribed in notification No. 38/1/2017-Fin(R&C)(7/2019-

Rate), dated 29-03-2019, published in the Extraordinary Official Gazette No. 1,

Series I No. 52, dated 29-03-2019.

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 (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 (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.

By order and in the name of the Governor of Goa.

Sushama D. Kamat, Under Secretary, Finance (R&C).

Porvorim, 29th March, 2019.

_________

\Notification

38/1/2017-Fin(R&C)(3/2019-Rate)

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 Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017), the Government of Goa, on the

recommendations of the Council, and on being satisfied that it is necessary in the public

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3490

interest so to do, hereby makes the following further amendments in the Government

Notification No. 38/1/2017-Fin(R&C)(11/2017-Rate), dated 30th June, 2017, published in the

Extraordinary Official Gazette No. 3, Series I No. 13, dated 30th June, 2017, namely:—

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,—

TABLE

(3)

(4)

(5)

“(i) Construction of affordable residential

apartments by a promoter in a Residential Real

Estate Project (herein after 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)

0.75

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;

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;

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

(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)

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(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)

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,

(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;

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;

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 percent on

reverse charge basis and all the provisions

of the Goa Goods and Services Tax Act,

2017 (Goa Act 4 of 2017) shall apply to him

as if he is the person liable for paying the

(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)

0.75

(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)

3.75

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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 Goa Goods and Services

Tax Act, 2017 (Goa Act 4 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)].

(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)

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;

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,

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(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

9

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,—

(3)

(4)

(5)

(va) Composite supply of works contract as defined in clause

(119) of section 2 of the Goa 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,

6

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

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(3)

(4)

(5)

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,

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

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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 Goa Goods and Services Tax Act, 2017 (Goa Act

4 of 2017), as prescribed in notification No.38/1/2017-

Fin(R&C)(7/2019-Rate), dated 29-03-2019, published in

the Extraordinary Official Gazette No. 1 series I No. 52

dated 29-03- 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

-”;

(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:—

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“(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 (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 (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 (16 of

2016);

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(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.

(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 (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, seweage 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

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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 (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 (No. 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 ongoing project;

(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.

By order and in the name of the Governor of Goa.

Sushama D. Kamat, Under Secretary, Finance (R&C).

Porvorim, 29th March, 2019.

_______

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

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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 (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 an architect registered with

the Council of Architecture constituted under the Architects Act, 1972 (20 of 1972) or a chartered

engineer registered with the Institution of Engineers (India).

(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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3500

(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 (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

Where, -

Tn= Tax paid on such inputs and input services on which ITC is available under the CGST 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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3501

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 per cent. 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 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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3502

Illustration 2:

By order and in the name of the Governor of Goa.

Sushama D. Kamat, Under Secretary, Finance (R&C).

Porvorim, 29th March, 2019.

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3503

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, -

Carpet area of residential and commercial apartments in the RREP

F1=

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 31st March, 2019 which has time of supply on or before 31st March, 2019

F3=

Total value of supply of construction of residential and commercial 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 and where the same is not required to be declared to the Real Estate

Regulatory Authority, it shall be got determined and certified by an architect registered with the

Council of Architecture constituted under the Architects Act, 1972 (20 of 1972) or a chartered engineer

registered with the Institution of Engineers (India).

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3504

(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.

(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 (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 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 CGST 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 per cent. points; the value of percentage invoicing shall be deemed to be

percentage completion plus 25 percent. points;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3505

(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.

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3506

Illustration 2:

By order and in the name of the Governor of Goa.

Sushama D. Kamat, Under Secretary, Finance (R&C).

Porvorim, 29th March, 2019.

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3507

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.

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

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

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3508

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.

Sl.

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 promoter has 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.

By order and in the name of the Governor of Goa.

Sushama D. Kamat, Under Secretary, Finance (R&C).

Porvorim, 29th March, 2019.

_________

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:

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 52

(EXTRAORDINARY)

29TH MARCH, 2019

3509

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 __________________

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