Builders Facing Major Backlash: GST Credit-issue

The Delhi Development Body has introduced a new policy allowing private firms to purchase flats in bulk. This move is expected to boost the real estate sector, providing a much-needed push to sales in the market. To attract more buyers, developers have been granted permission to sell multiple units to private companies at once. This new policy comes as a result of the government’s efforts to revive the real estate market, which has been facing a slump in recent years. By allowing private companies to purchase flats in bulk, the Delhi Development Body hopes to encourage more investment in the sector and stimulate economic growth.

Builders Get GST Notices to Reverse Input Tax Credit

In a separate development, the GST department has issued notices to hundreds of builders asking them to reverse their input tax credit (ITC). These notices relate to the years 2017-18 and 2018-19, and builders have been given the instruction to reverse the ITC for unsold apartments at the time of procuring Building Use (BU) permission. The GST department issued these notices because developers had not paid GST for the units sold after obtaining the BU permissions. Therefore, the department has instructed builders not to claim ITC for such apartments. It has come to the department’s attention that some developers have claimed full ITC while being eligible for a lower rate. In response, the department has issued notices asking developers to reverse the ITC with interest and penalties. This move by the GST department aims to rectify potential misuse of the ITC rules and ensures that the tax system is fair and transparent for all parties involved. By enforcing the reversal of ITC, the department aims to encourage developers to accurately comply with the taxation regulations.

Impact on Real Estate Sector

The announcement of the reversal of ITC by the GST department may have repercussions for the real estate sector. Many developers will have to adjust their calculations and financial plans, taking into account this additional tax liability. It is important for builders to carefully analyze their past returns and comply with the instructions of the GST department in order to avoid any penalties or legal actions. This news may have an impact on buyers as well. The reversal of ITC may potentially lead to an increase in prices, as developers may pass on this additional tax burden to the buyers. Buyers should be aware of the potential price changes and consult with tax professionals and builders to clarify any doubts they may have. Developers were not aware of the intricacies of the ITC rules, which has led to many builders inadvertently claiming excess ITC. Moving forward, it is crucial for developers to familiarize themselves with the regulations and ensure compliance to avoid any future discrepancies and penalties.


The Delhi Development Body’s decision to allow private firms to purchase flats in bulk is expected to bring a much-needed boost to the real estate sector. This move will attract more investment and generate new opportunities for developers in the market. However, the GST department’s notices to reverse input tax credit may pose challenges for builders, impacting the financial aspects of their projects. It is important for builders to carefully review their past transactions to avoid penalties and non-compliance in the future. Overall, these developments underline the complexity of the real estate market and the need for both developers and buyers to stay informed about regulatory changes and adapt accordingly to ensure a smooth and transparent business environment.

Sumit Mondal Content Analyst at Square Yards
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