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Seeks to amend notification No. 13/2017- State Tax (Rate) so as to specify services to be taxed under Reverse Charge Mechanism (RCM) as recommended by Goods and Services Tax Council for real estate sector.

Union territory Notification of Delhi · 20174,444 characters of text

The enactment

TypeNotification
Year2017
JurisdictionUnion territory of Delhi
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectstaxation

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

(Y WW as]i14 (TO BE PUBLISHED IN PART IV OF THE DELHI GAZETTE EXTRAORDINARY) GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI FINANCE (REVENUE-1) DEPARTMENT DELHI SACHIVALAYA, I.P. ESTATE: NEW DELHI-110 002 No. F. 3(78)/Fin(Rev-1)/2019-20/DS-V 5/6 Dated: WY fof, ee Notification No 05/2019- State Tax (Rate) No. F. 3(78)/Fin(Rev-1)/2019-20/- In exercise of the powers conferred by subsection (3) of section 9 of the Delhi Goods and Services Tax Act, 2017 (03 of 2017), the Lt.

Governor of National Capital Territory of Delhi, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of National Capital Territory of Delhi, in the Department of Finance (Revenue-I), No.13/2017- State Tax (Rate), dated the 30" June, 2017, published in the Gazette of Delhi, Extraordinary, Part IV, vide number No. F.3(15)/Fin(Rev-I)/2017-18/DS-VI/ 379, dated the 30" 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) QB) (4) : “5B | Services supplied by any | Any person Promoter.

pei et person by way of transfer of development rights or Floor Space Index (FSI) (including additional FSI) for construction of a project by a promoter.

SC | Long term lease of land | Any person Promoter.”;

(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, 24)

(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). 2

(k) the term “project” shall mean a Real Estate Project (REP) or a Residential Real Estate Project (RREP);

(1) “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 1‘ of April, 2019.

By order and in the name of the Lt. Governor of the National Capital Territory of Delhi, (A.K. Singh) Dy. Secretary VI (Finance) No. F. 3(78)/Fin(Rev-I)/2019-20/DS-VU S76 Dated: W///0//F Copy forwarded for information to:- ie The Addl. Chief Secretary (Finance), Government of NCT. of Delhi, Delhi Sachivalaya, Delhi

2. The Principal Secretary (GAD), Government of NCT of Delhi with the request to publish the notification in Delhi Gazette Part-IV (Extraordinary) in today’s date.

33 The Principal Secretary to the Hon’ble Lieutenant Governor, Delhi 4, The Additional Secretary to the Hon’ble Chief Minister, Government of NCT of Delhi, Delhi Sachivalaya, I.P Estate, New Delhi >; The Secretary to Finance Minister, Govt. of NCT of Delhi, Delhi Sachivalaya, I.P.

Estate, New Delhi

6. The P.A. to the Leader of Opposition, 29, Delhi Legislative Assembly, Old Secretariat, Delhi.

7 The Commissioner, State Tax, Delhi, Vyapar Bhawan, I.P. Estate, New Delhi.

240

8. The Additional Secretary (Law), Government of NCT of Delhi, Delhi Sachivalaya, LP. Estate, New Delhi

9. OSD to Chief Secretary, Government of NCT of Delhi, Delhi Sachivalaya, I.P. Estate, New Delhi. :

10. Guard File.

TL Website.

\wy (A.K. Singh) Dy. Secretary VI (Finance) Note: -The principal notification No. 13/2017 - State Tax (Rate), dated the 30" June, 2017 was published in the Gazette of Delhi, Extraordinary, Part-IV, published vide No.

F.3(15)/Fin.(Rev-1/2017-18/DS-VI/379, dated the 30"June, 2017 and was last amended by notification No.29/2018 - State Tax (Rate), dated the 3K September, 2019 vide no F.3(27)/Fin.(Rev-I)/2019-20/DS-VI/392 dated the 3"! September, 2019.

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