Which means that if the developer or vendor has completed any work on the land parcel earlier than promoting it, then that might appeal to GST.
Any land bought after enterprise growth actions corresponding to offering water line, electrical energy or sanitation facility ought to appeal to 18% GST, Madhya Pradesh AAAR dominated.
It put aside an order of Madhya Pradesh Authority for Advance Ruling (AAR) that stated sale of developed land shouldn’t be liable to GST because the transaction is switch of immovable property which is exterior the purview of oblique tax.
“That is one other occasion of divergent ruling by totally different state authorities,” stated Harpreet Singh, oblique tax companion at KPMG in India. “Previously, Madhya Pradesh and Goa advance ruling authorities have held sale of developed land as non-taxable as in essence the transaction continues to be sale of immovable property.”
Madhya Pradesh AAR had earlier dominated out the applicability of GST on sale of developed land, holding that it “can’t be purchased and bought as one thing distinct and separate from the plot of land” and, subsequently, GST shouldn’t be relevant on such sale.
The AAAR ruling, nevertheless, stated the actual property developer promoting the land had developed roads and supplied water provide earlier than promoting the land parcel. And that the sale “can’t be imagined with out these fundamental growth actions”.
Tax specialists stated there may very well be an alternate argument as nicely.
“There’s a robust alternate argument that enhancements on barren land are completed solely to make the identical saleable, and that ought to not change the important character of the transaction from provide of land to development service, particularly when the patrons weren’t pre-determined on the time of enhancements,” Singh stated.