Goods and Services Tax - Tamil Nadu Goods and Services Tax Act, 2017 - Construction Services - Reverse charge on supply of services - Notification - Issued - G.O. (Ms) No. 46 - Tamil Nadu SGST

COMMERCIAL TAXES AND REGISTRATION (BI) DEPARTMENT G.O. (Ms) No. 46 Dated: 29.3.2019 Panguni-15 Thiruvalluvar Aandu, 2050 NOTIFICATION In exercise of the powers conferred by sub-section (4) of section 9 of the Tamil Nadu Goods and Services Tax Act, 2017 (Tamil Nadu Act 19 of 2017), the Governor of Tamil Nadu, on the recommendations of the Council, hereby notifies that the registered person specified in column (3) of the table beIow, 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 Serial 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 the Commercial Taxes and Registration Department Notification No. II(2)/CTR/532(d-14)/2017 at items (i), (ia), (ib), (ic) and (id) against serial No. (3), published at pages 85 to 119 in Part Il-Section 2 of the Tamil Nadu Government Gazette, Extraordinary, dated the 29th June, 2017, as amended. Promoter 2 Cement falling in chapter heading 2523 in the first schedule to the Customs Tariff Act, 1975 (Central Act 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 the Commercial Taxes and Registration Department Notification No. II(2)/CTR/532(d-14)/2017 at items (i), (ia), (ib), (ic) and (id) against serial No. (3), published at pages 85 to 119 in Part II-Section 2 of the Tamil Nadu Government Gazette, Extraordinary, dated the 29th June, 2017, as amended. Promoter 3 Capital goods falling under any chapter in the first schedule to the Customs Tariff Act, 1975 (Central Act 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 the Commercial Taxes and Registration Department Notification No.II(2)/CTR/532(d-14)/2017, published at pages 85 to 119 in Part Il-Section 2 of the Tamil Nadu Government Gazette, Extraordinary, dated the 29th 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 (Central Act 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 (Central Act 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 (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 1st day of April, 2019. (Ka.BALACHANDRAN) PRINCIPAL SECRETARY TO GOVERNMENT