24/06/2026
๐จ GST on Resale of Under Construction Flat? Big Surprise! ๐ฑ
๐จ IMPORTANT GST UPDATE FOR REAL ESTATE INVESTORS & COMPANIES ๐จ
Can a Private Limited Company sell an under-construction flat before completion without charging GST? ๐ค
This is one of the most debated GST issues in the real estate sector.
๐ Common Situation:
โ Company purchases an under-construction flat from a builder.
โ GST is paid on the original purchase.
โ Before completion certificate is received, the company transfers or sells the flat to another buyer.
๐ฅ Big Question:
Will GST apply again on the resale transaction?
๐ Legal Position
Under GST law, sale of under-construction property by a builder before completion certificate is generally treated as supply of service under Schedule II of the CGST Act.
However, the issue becomes complicated when the seller is NOT a builder or developer.
โ ๏ธ In such cases, an important legal argument arises:
The company is merely transferring rights in immovable property and is not providing construction services.
๐ฅ Important Judicial Development
The Karnataka High Court in the Rohan Corporation India Pvt. Ltd. case provided significant observations regarding GST applicability on transfer of partly constructed property.
The judgment supports the argument that mere transfer of immovable property rights may not automatically become a taxable supply under GST.
๐ฏ However, caution is required.
The GST Department may still rely on Schedule II provisions and contend that transfer before completion certificate attracts GST.
๐ This creates potential litigation and interpretation issues.
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CA Manoj Gupta
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