Prescribing persons liable to pay tax on reverse charge for the Uttar Pradesh Goods and Services Tax Act, 2017. - KA.NI-2-687/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-2-687/XI-9(47)/17-U.P. Act-1-2017-Order-(27)-2019, dated 01 May, 2019: NOTIFICATION No. KA.NI-2-687/XI-9(47)/17-U.P.Act-1-2017-Order-(27)-2019 Lucknow : Dated : 01 May, 2019 In exercise of the powers conferred by sub-section (4) of section 9 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 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:- 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 short fall 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. KA.Nl.-2-842/XI-9(47)/17-U.P. Act-1-2017-Order-(09)-2017 dated the 30 th June, 2017, at items (i), (ia), (ib), (ic), (id), (ie) and (if) against serial No. (3) 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 short fall 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. KA.Nl.-2-842/XI-9(47)/17-U.P. Act-1-2017-Order-(09)-2017 dated the 30 th June, 2017, at items (i), (ia), (ib), (ic), (id), (ie) and (if) against serial No. (3) as amended. Promoter 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 in notification No. KA.Nl.-2-842/XI-9(47)/17-U.P. Act-1-2017-Order-(09)-2017 dated the 30th June, 2017, at items (i), (ia), (ib), (ic), (id), (ie) and (if) against serial No. (3) as amended. Promoter Explanation . - For the purpose of this notification, - (i) Promoter shall have the same meaning as assigned to it in Real Estate (Regulation and Development) Act, 2016; (ii) project shall mean a real estate project (REP) or a residential real estate project (RREP); (iii) Real estate project shall have the same meaning as assigned to it in the Real Estate (Regulation and Development) Act, 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% 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 be deemed to have come into force with effect from 1 st April, 2019. By Order, (Alok Sinha) Apar Mukhya Sachiv