The development of land into parcels and, subsequently, the sale of such land should not be taxable if the land does not in itself fall within the GST area (neither supplies of goods nor services according to SCH-III), then how can there be a question of land taxation? When the land is sold, they own all the properties of the land. The simple development from one land to another will not change the nature of the country. The same will always remain a motionless property and will only be called land in general. It would therefore be outside the scope of the GST. The only taxable turnover in such cases is the value of the works/contracts of enterprise. The sale of land should therefore not be taxable. For suggestions, corrections, changes and/or other details regarding this article, my email address is email@example.com. Section 2 (zn) – “real estate project” means the development of a building or a building consisting of dwellings, the conversion of one or part of an existing building into dwellings, or the development of land into land or dwellings for the sale of all or part of such dwellings or buildings; includes, as the case may be, public spaces, development works, all improvements and structures, and all services, rights and fixtures relating thereto; If we look at the definition of the real estate project (in accordance with section 2 (zn) of the RERA law, the activity of development of land into land is included. Other GST laws also recognize this definition under RERA for the purposes of taxing real estate projects.
This definition could therefore perhaps draw the attention of the authorities to the taxation of the sale of land under construction. Since Article 50C is a legal fiction and its scope and scope are limited to what is written in the provision. Therefore, this provision can only be invoked in the event of a transfer of land or buildings or both. Their exploitation may not be extended to other evaluators, to other characteristics or to circumstances other than those mentioned therein. It was also decided that Article 50C could be invoked if development rights were transferred at the same time as the transfer of land. . . .