Let's move on to the 5th point. 5th point is Renting of
immovable property.
What is immovable property? Like land, building.
A property, a thing which you can't move.
Laptops are immovable property.
But immovable property like buildings, you rent them.
Before this, there was a point where he was talking about
land, license.
Here, he is talking about buildings.
Because it is a commercial space, you rent it out.
In that case, what will be considered?
Supply of service will be considered.
See, it is written here.
Okay, sir?
Look at it.
Come to the B point.
Construction of.
He is talking about construction.
It is a very important point.
The activities of construction etc.
Does GST apply on them or not?
Like you go to buy a flat etc.
You go to buy a flat etc.
There is a separate discussion of this thing.
Does GST apply on it or not?
And even if GST is applying,
Then the flat etc.
Is it in the category of goods or services?
What is the rate on them?
That thing is being discussed here.
Sir, what he wants to say is,
Construction of.
Look at it.
Construction of.
Complex.
Building.
Civil structure.
Or part thereof.
Including complex.
What will be considered?
Supply of service.
The construction that you are doing.
You are making a complex.
You are making a building.
You are making a civil structure.
Like telecom towers etc.
You are making all this.
You have become civil structures.
Intended for.
Sale to the buyer.
This will come in the category of supply of services.
The rate of GST on this.
That will apply to us.
But the condition is.
Except where.
Except where means.
This should not happen.
Normally you are doing construction.
Normally you have any.
Construction activities.
Regarding the building.
You will make a building and sell it.
This is your intention.
Your intention.
That brother I am making a building.
I will go ahead and sell this building.
I will sell.
In that case, there is supply of service.
But when it is not.
Except where.
Entire consideration.
Has been.
Received after issue of.
Completion certificate.
Where it is required.
Or.
After the first occupation.
Whichever is earlier.
Meaning to say.
If you have money.
You have done construction.
And if you have money.
If you get money earlier.
So sir.
There.
GST's provision will be different.
And if you get money.
After completion certificate.
So GST's provision.
Sir is different.
Look at its example.
Says that Rathi builder constructed.
Individual residential unit.
1.2 crore rupees.
You got 90 lakh rupees before.
Before the issue of completion certificate.
And balance.
Later.
In two parts.
Its treatment will be seen separately.
Treatment of 90 lakhs.
Separate.
Treatment of 30 lakhs.
Separate.
This is the point.
Supply of service.
First thing.
You are doing construction.
You are building a house.
You are a builder.
You are building flats.
For the purpose of sell out.
Supply of.
Service.
But supply of service.
When it will not be accepted.
Supply of service.
When it will not be accepted.
Where the consideration is.
Money.
That you.
After completion certificate.
You are taking after completion certificate.
And after the first occupation.
Whichever is earlier.
This is the case.
Okay.
Let's move ahead.
Let's move.
Let's go.
Next point, Temporary transfer or permitting the use,
enjoyment of intellectual property rights
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
Next point, Agreeing to the obligation to refrain from an
act
So, you can use the machinery and all.
Yes, you don't have the owner's right.
The owner's right is with me.
But you can use it.
So, in that case, it will not be considered as a supply of
goods.
It will be considered as a supply of services.
Okay, sir?
Sixth point.
Are there any work contract services?
Contract for construction, fabrication, completion of any
immovable property.
This is also a supply of services.
You can give a contract to someone.
It is not a contract.
You can give a contract to someone.
You can give a contract to a contractor.
Hey, contractor, do one thing.
Take the money and do one thing.
On my one floor building, give me one more floor.
Give me one more floor.
Give me the upper floor.
I will give you a fixed amount.
I have given him a contract.
I have given him a contract against an immovable property
to give him one more floor.
Any problem?
What is that?
Supply of services.
Okay? Come here.
Now, the same point on which many cases have been filed in
the Supreme Court, many cases have been filed in the High
Court, and the point was still not very clear.
In the old system, it was the point of restaurant service.
Whether it was a sale of goods or a sale of services.
This point will be clear here.
What is the point?
Let's see.
Read the second point.
What is he saying?
I will put it up.
Look at it.
Did it go too high?
Supply by way of
or as part of any service or in any other manner whatsoever
whatsoever
of goods being food or any other article for human
consumption or any drink etc.
other than alcohol where such supplies for cash etc.
Basically, you are supplying food.
You are providing food services.
So, what will it be considered as, friend?
It will not be considered as goods.
It will be considered as supply of service.
Read it again.
What is he trying to say?
Open your eyes and read this point.
When you go out of the hotel, the service GST will be
charging you the restaurant GST.
The goods GST will not be charging you.
He did not consider the food service as goods.
He considered it as a service.
He did not consider it as he is selling you goods.
He considered it as a wholesome service.
Supply by way of
Supply by way of or as part of any service of goods being
food or any other article for human consumption.
He considered it as supply of service.
And this point was made because the law makers of olden
times were the same law makers of GST time also.
They knew what all problems were coming.
What all problems were coming.
What all things were fighting.
Disputes were going on.
They knew all those things.
And the thing which was the most disputed that point they
cleared here first.
That this thing once and for all just clear this bloody
point that this is supply of service or supply of goods.
This is the point.
Ok Sir.
Next and last.
Supply of goods by unincorporated association or body of
persons