[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB-SECTION (i)]
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 07/2019- Integrated Tax (Rate)
New Delhi, the 29
th
March, 2019
G.S.R......(E).- In exercise of the powers conferred by sub-section (4) of section 5 of the
Integrated Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, 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
Sl.
No.
Category of supply of goods and services Recipient of
goods and
services
(1) (2) (3)
1 Supply of such goods and services or both [other than services 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)] 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. 8/ 2017- Integrated Tax
(Rate), dated 28
th
June, 2017, at items (i), (ia), (ib), (ic) and (id)
against serial No. (3), published in Gazette of India vide G.S.R. No.
683 (E), dated 28
th
June, 2017, as amended.
Promoter.
2 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. 8/ 2017- Integrated Tax (Rate), dated
28
th
June, 2017, at items (i), (ia), (ib), (ic) and (id) against serial
Promoter.
No. (3), published in Gazette of India vide G.S.R. No. 683 (E),
dated 28
th
June, 2017, as amended.
3 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. 8/ 2017- Integrated Tax (Rate),
dated 28
th
June, 2017, published in Gazette of India vide G.S.R. No.
683, dated 28
th
June, 2017, as amended.
Promoter.
Explanation. - For the purpose of this notification, -
(i) 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);
(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) “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
st
of April, 2019.
[F. No. 354/32/2019- TRU]
(Pramod Kumar)
Deputy Secretary to the Government of India