Question25: Is GST applicable on flats
relating to land owner`s share which have been handed over to him by the builder
after obtaining Occupancy/Completion certificate from the competent authority.
Answer: The GST will not apply if the flat is sold after completion but
we would like to suggest you to go through the agreement enter into between the
builder and the land lord because on going through the agreement you may find
some clause in it which may give different direction to the case Like there may
be a clause in the agreement that the builder will provide facility to keep
material in basement for the purpose of storage etc to the land lord or anybody
else as per direction of the land lord or there can be clause relating deemed
possession of flat etc.
So you are suggested to please go through the agreement thoroughly before
concluding the issue. In normal course GST will not apply. (Reply Dt.
03/01/2018)