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
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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)
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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
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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)
3.75
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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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