Gst on redevelopment

It is a mutual agreement between you and the developer.

It is better to consult a local or your own CA, if GST is compulsorily to be paid by you.

Consult local tax lawyer. 

Yes.  It is a mutual agreement between you and the developer.  Amicably settle it, if necessary, consult a lawyer who knows taxes.

In the case of redevelopment projects, the builder pays his entire GST liability on the gross amount he receives for selling the flats to an independent buyer.

Once this tax liability is discharged on the gross consideration received on the sale of such flats to the independent buyers, the GST demands on flats given to existing society members for free cannot be sustained.

Also, as per the judgment given by the tribunal in the case of Vasantha Green Projects (Supra), the tax demand raised by the Department was dropped and was held that the flats given for free to the members aren’t taxable. 

Moreover, the development rights being a benefit rising from the land must be held as immovable property and is outside the purview of GST. Therefore, given the specific provision of the sale of land and building, it isn’t applicable here. The key ingredient here in this contract is redevelopment. Hence, the members are not liable to GST even under this entry.