GST issues relating to land, building and development rights

Virtual Webinar

27-18 七月 2024 | 3:00 PM

Goods and Services Tax (GST) implications on various types of transactions in land and building vary greatly depending on the nature of transactions involved. The regulatory framework governing different types of transactions such as sale, re-sale, lease, tenancy and development agreements has been continuously evolving through regular legislative and judicial interventions. Gaining an understanding of the intricacies surrounding GST within the context of these transactions is imperative, as it impacts the financial dynamics of such transactions


With the objective of sensitising the Indian real estate industry and others on these issues, Lakshmikumaran & Sridharan (LKS) is organizing a webinar series consisting of four sessions. Each session would be of 1 hour with Q&A of 15 minutes. The topics to be covered in the webinar series will include:






3:00 PM. – 4:00 PM

Day 1: Issues regarding transfer of rights in land and building

  • GST implications on assignment of leasehold rights in land and building
  • Taxability of surrender/transfer of tenancy rights
  • Taxability of transfer of development rights under GST
  • Availability of ITC on lease rentals if construction is undertaken on leased land
  • Availability of ITC on any inputs or input services used for construction of immovable property for rental/leasing (judgement of Safari Retreats)


3:00 PM. – 4:00 PM

Day 2: Tax implications on sale of land/building in special circumstances

  • Taxability of re-sale of buildings before OC by an investor
  • GST implications on sale of partially constructed buildings/structures
  • Transfer of under construction projects as going concern
  • Transfer of undivided interest in land
  • GST implications on development and sale of plot


3:00 PM. – 4:00 PM

Day 3: GST implications on area share and revenue share agreements for residential and commercial projects 

  • Overview of GST implications on joint development agreements - taxability, time of supply, value of supply and ITC
  • GST implications if project is not registered under RERA
  • Time of supply in case of revenue share development agreements where sharing may continue past the OC
  • Valuation of constructed units in area share development agreements where no flats are sold in the market
  • GST implications on transactions where loan is repaid by way of transfer of constructed flats


3:00 PM. – 4:00 PM

Day 4: GST implications on SRA and society re-development projects

  • Taxability and valuation of construction services by developer for existing society members.
  • Analysis of judgement of Vasantha Greens pronounced under Service Tax
  • Scope of exemption under GST for slum rehabilitation projects
  • Liability to pay GST on incentive FSI granted for SRA projects 
  • FSI clubbing in case of SRA projects
  • Construction by developer other than the developer who obtained the development rights for project




  • Mr. Kalpesh Shah – Senior Partner, LKS
  • Mr. L Badri Narayanan – Executive Partner, LKS
  • Ms. Nupoor Agrawal – Partner, LKS
  • Ms. Nivedita Agarwal – Associate Partner, LKS
  • Mr. Kunal Nikumbh – Associate Partner, LKS