There will be no GST on the sale of plots with basic infrastructure: AAR

The land has always been clearly exempt from GST. However, a never-ending battle erupted over whether the sale of plots following basic development is subject to GST. This case is nearing its end.

MUMBAI: The GST-Authority for Advance Rulings (AAR) Karnataka bench has ruled that the goods and services tax (GST) is not applicable on the sale of plots, even if the plots are sold after basic necessities-related works have been completed (such as land leveling, installation of sewage lines, et al).

The land has always been clearly exempt from GST. GST is charged. However, a never-ending battle erupted over whether the sale of plots following basic development is subject to GST. This case is nearing its end.

“This advance ruling is in response to the circular issued by the Central Board of Indirect Taxes and Customs (CBIC) following the GST Central Council meeting on August 3,” Harpreet Singh, indirect tax partner at KPMG-India, explained. This circular states that even the sale of plots after some basic development is considered a sale of land and is exempt from GST. However, services used to develop the land, such as land leveling and drainage line installation, will be subject to GST. The CBIC’s clarification and this advance ruling clear the air on the application of GST to land sales.”

Plots are typically sold to individuals for the purpose of constructing their own homes after the seller has completed some basic development (land owner). In this case, Rabia Khanum, an unregistered individual under GST laws, attempted to convert her land on the outskirts of Bengaluru into a residential site. The land will be developed in accordance with the District Town and Country Planning Act, she stated.

Land development entails laying of electricity cables, water pipes, sewerage lines, drilling of bore-wells, setting up of a power substation, and obtaining a connection from the electricity board.
The authorities would not grant permission to sell plots to individuals for house construction unless these basic necessities were met.

She sought a response on whether GST was applicable on the advance received/sale consideration for such sites, as well as whether GST would apply on the ‘sale of plots after completion of works related to basic necessities,’ and received a favorable response that it was not.