RNI No. MAHBIL /2009/37831 afu, 3w ¥I(W)] wifHaw, AT 30, R0%/T R, Wk R¥R [g= =, fowa: v R.00 JMTURUT FHHI® R0 mitga TRt TERTE WA TeRTg sfafau= Tan $ad (VT T, TH-3 AT b= Aied Wiag it o o e aiefaien) fam @ sm FINANCE DEPARTMENT Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya, Mumbai 400 032, dated the 30th March 2019.
NOTIFICATION Notification No. 06/2019—State Tax (Rate) MAHARASHTRA GooDS AND SERVICES Tax AcT, 2017.
No. GST. 1019/C.R.50 /Taxation 1.—In exercise of the powers conferred by section 148 of the Maharashtra Goods and Services Tax Act, 2017 (Mah. XLIIl of 2017), the Government of Maharashtra, 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 FSl) 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 ;
(i) 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), @) HIT AR--20—% R WERTZ I YTT95 WUl 9T 9=, 7T 30, R0%%/3 §, Wk 2¥R as the registered persons in whose case the liability to pay state 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 toit in 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 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.
(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. MGST.1017/C.R. 103(12)/Taxation- 1 [Notification No. 13/2017- State Tax (Rate)], dated the 29th June 2017, was published in the Maharashtra Government Gazette, Part |V-B, Extra-ordinary No. 182, dated the 29th June 2017.
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 Maharashtra, J. V. DIPTE, Deputy Secretary to Government.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUELISHED BY DIRECTOR, DR. NAMDEO KONDAJI BHOSALE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJT SUBHASH ROAD, CHARNI ROAD, MUMBAT 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-4, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : DIRECTOR, DR. NAMDEO KONDAJI BHOSALE.