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Notifies certain services to be taxed under RCM under section 9(4) of MGST Act as recommended by Goods and Services Tax Council for real estate sector

State Notification of Maharashtra · 20174,763 characters of text

The enactment

TypeNotification
Year2017
JurisdictionState of Maharashtra
MinistryGovt of Maharashtra
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.

RNI No. MAHBIL/2009/37831 HERTE IEA T4 HAIRUT HIT AR-d a9 v, 3w ¥3(3)] wfTaR, 7 30, 0%/ R, WH WHR [T 3, fom : v0d .00 STHTARUT HH® R0¢ i T TERTE FEH FERTE Affaaad 7ar sad (T T, Th-3 AT Tob-of ATed Wieg horet 7@ @ eV Aieataien) faw & am.

FINANCE DEPARTMENT Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya, Mumbai 400 032, dated the 30th March, 2019.

NOTIFICATION Notification No. 07/2019—State Tax (Rate) MAHARASHTRA GOODS AND SERVICES TAX ACT, 2017.

No. GST-1019/C.R.48/Taxation 1.—In exercise of the powers conferred by sub-section (4) of section 9 of the Maharashtra Goods and Services Tax Act, 2017 (Mah. XLIII of 2017), the Government of Maharashtra, 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 Sr. Recipient of goods No. Category of supply of goods and services and services 1) (2) 3) 1 | Supply of such goods and services or both [other than services | Promoter.

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)] A AR-F-—20L ] TERTE A T FEERTT WO -, A= 30, 0%/ R, Tk R38R Sr.

No.

Category of supply of goods and services Recipient of goods and services

(2) (3) 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. 11/ 2017- State Tax (Rate), dated 29th June, 2017, at items (i), (ia), (ib), (ic) and (id) against serial No. (3) in the Table, published in Maharashira Government Gazette, Part IV-B, Extra-ordinary No. 182 dated 29th June, 2017, as amended.

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. 11/ 2017- State Tax (Rate), dated 29th June, 2017, at items (i), (ia), (ib),

(ic) and (id) against serial No. (3), published in Maharashira Government Gazette, Part IV-B, Extra-ordinary No. 182 dated 29th June, 2017, as amended.

Promoter.

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.

11/ 2017- State Tax (Rate), dated 29th June, 2017, published in Maharashtra Government Gazette, Part IV-B, Extra-ordinary No. 182 dated 29th June, 2017, as amended.

Promoter

Explanation.—For the purpose of this notification,—

(1) the term “promoter” shall have the same meaning as assigned to it in 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);

TERTE A T FEERTT WO -, A= 30, 0%/ R, Tk R38R p

(iii) 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);

(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 (F'SI)” 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 Maharashtra, J. V. DIPTE, Deputy Secretary to Government.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR DR. NAMDEO KONDAJI BHOSALE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : DIRECTOR DR. NAMDEO KONDAJI BHOSALE.

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