Notifies the following classes of registered persons. - KA.NI-2-690/XI-9(47)/17 - Uttar Pradesh SGST

Uttar Pradesh Shasan Sansthagat Vitta, Kar Evam Nibandhan Anubhag-2 In pursuance of the provision of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of Government Notification no. KA.NI-2-690/XI-9(47)/17-U.P. Act-1-2017-Order-(31)-2019, dated 01 May, 2019: NOTIFICATION No. KA.NI-2-690/XI-9(47)/17-U.P.Act-1-2017-Order-(30)-2019 Lucknow : Dated : 01 May, 2019 In exercise of the powers conferred by section 148 of the Uttar Pradesh Goods and Services Tax Act, 2017 (U.P. Act no 1 of 2017), the Governor, on the recommendations of the Council, hereby notifies the following classes of registered persons, namely :- (i) a promoter who receives development rights or FSI (including additional FSI) on or after 01.04.2019 for construction of a project against consideration payable or paid by him, wholly or partly, in the form of construction service of commercial or residential apartments in the project or in any other form including in cash; (ii) a promoter who receives long term lease of land on or after 01.04.2019 for construction of residential apartments in a project against consideration payable or paid by him, in the form of upfront amount (called as premium, salami, cost, price, development charges or by any other name) as the registered persons in whose case the liability to pay state tax on, - (a) the consideration paid by him in the form of construction service of commercial or residential apartments in the project, for supply of development rights or FSI (including additional FSI); (b) the monetary consideration paid by him, for supply of development rights or FSI (including additional FSI) relatable to construction of residential apartments in project; (c) the upfront amount (called as premium, salami, cost, price, development charges or by any other name) paid by him for long term lease of land relatable to construction of residential apartments in the project; and (d) the supply of construction service by him against consideration in the form of development rights or FSI (including additional FSI), shall arise on the date of issuance of completion certificate for the project, where required, by the competent authority or on its first occupation, whichever is earlier. 2. Explanation: (i) The term apartment shall have the same meaning as assigned to it in Real Estate (Regulation and Development) Act, 2016. (ii) The term promoter shall have the same meaning as assigned to it in Real Estate (Regulation and Development) Act, 2016. (iii) the term project shall mean a real estate project (REP) or a residential real estate project (RREP); (iv) Real estate project shall have the same meaning as assigned to it in the Real Estate (Regulation and Development) Act, 2016. (v) the term residential real estate project (RREP) shall mean a REP in which the carpet area of the commercial apartments is not more than 15% of the total carpet area of all the apartments in the REP. (vi) 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. (vii) Tax on services covered by sub-para (i) and (ii) of paragraph 1 above is required to be paid under RCM in accordance with notification No. KA.NI.-2-844/XI-9(47)/17-U.P.Act-1-2017-Order-(11)-2017 dated the 30 th June, 2017 as amended. 3. This notification shall be deemed to have come into force on the 1 st day April, 2019. By Order, (Alok Sinha) Apar Mukhya Sachiv