THE BIHAR GOODS AND SERVICES TAX ACT, 2017 Notifications
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Body Notification no. 05/2019- State Tax (Rate), S.O. 71, Dated 29th March 2019

In exercise of the powers conferred by sub-section (3) of section 9 of the Bihar Goods and Services Tax Act, 2017 (12 of 2017), the Governor of Bihar, on the recommendations of the Council, hereby makes the following further amendments in the Commercial Taxes Department notification No.13/2017- State Tax (Rate), dated the 29th June, 2017, published in the Bihar Gazette vide number 556, dated the 29th June, 2017, namely:-

ln the said notification, -

(i) in the Table, after serial number 5A and the entries relating thereto, the following serial number and entries shall be inserted, namely: -

(1)	(2)	(3)	(4)
"5B	Services supplied by any person by way of transfer of development rights or Floor Space Index (FSI) (including additional FSI) for construction of a project by a promoter.	Any person	Promoter.
5C	Long term lease of land (30 years or more) by any person against consideration in theformof upfront amount (called as premium, salami, cost, price, development charges or by any other name) and/or periodic rentfor construction of a project by a promoter.	Any person	Promoter.";

(ii) in the Explanation, after clause (h), the following clauses shall be inserted, namely:-

"(i) The term "apartment" shall have the same meaning as assigned to it in clause (e) under section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016).

(j) the term "promoter" shall have the same meaning as assigned to it in clause (zk) under section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016).

(k) the term "project" shall mean a Real Estate Project (REP) or a Residential Real Estate Project (RREP);

(l) "the term "Real Estate Project (REP)" shall have the same meaning as assigned to it in in clause (zn) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016).

(m) 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 percent. of the total carpet area of all the apartments in the REP.

(n) "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 come into force with effect from 1st of April, 2019.

By the order of Governor of Bihar,

Dr. Pratima,

Commissioner State Tax-cum-Secretary.