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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
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GST UPDATE No 263 ON TAXABILITY OF RESIDENTIAL DWELLING UNDER RCM:-

GST UPDATE No 263 ON TAXABILITY OF RESIDENTIAL DWELLING UNDER RCM:-
The recent 47th GST Council Meeting had introduced payment of GST on services by way of renting of residential dwelling to a registered person under reverse charge mechanism. However, there are lot many issues that need clarification from the part of government. The present update seeks to discuss the various complexities of the amendment made and their GST implications thereon.
 
It is submitted that the exemption entry no. 12 of the notification no. 12/2017-Central Tax (Rate) dated 28.06.2017 regarding renting of residential dwelling has been amended which reads as follows:-
“Services by way of renting of residential dwelling for use as residence except where the residential dwelling is rented to a registered person.”
 
In contrast, the entry no. 5AA inserted in the notification no. 05/2022-Central Tax (Rate) dated 13.07.2022 pertaining to reverse charge mechanism reads as follows:-
Services by way of renting of residential dwelling to a registered person.
 
It is worth mentioning that the reverse charge notification simply mentions “renting of residential dwelling” and does not specify the usage of such residential dwelling. However, the exemption entry specifically uses the phrase “renting of residential dwelling for use as residence”. Now, the question arises is that whether renting of residential dwelling for use as office attract GST under reverse charge mechanism if given on rent to registered person. If the language of the reverse charge notification is examined, it can be inferred that renting of residential dwelling, even for purpose other than use as residence would attract GST under reverse charge mechanism as if at all the intention was otherwise, the language would have specifically mentioned the phrase “renting of residential dwelling for use as residence”. Hence, a clarification in this respect is much needed from the government.
 
Furthermore, the registered recipient would be required to pay GST under reverse charge mechanism but the question arises is the determination of the nature of tax to be paid. According to section 12(3)(b) of the IGST Act, 2017, the place of supply of services by way of lodging accommodation by a hotel, inn, guest house, home stay, club or campsite, by whatever name called, and including a house boat or any other vessel shall be the location at which the immovable property or boat or vessel, as the case may be, is located or intended to be located.  Hence, in case of renting of residential dwelling, the place of supply will be the location of such residential dwelling. The nature of tax that will be leviable depends on the location of the supplier and the place of supply. The determination of the nature of tax is explained with the help of following examples:-
 
LOCATION OF SUPPLIER LOCATION OF RECIPIENT LOCATION OF RESIDENTIAL DWELLING PLACE OF SUPPLY NATURE OF TAX WHETHER REGISTRATION TO BE TAKEN BY RECIPIENT?
Maharashtra Rajasthan Maharashtra Maharashtra Maharashtra CGST/SGST Yes, in the state of Maharashtra
Maharashtra Rajasthan Rajasthan Rajasthan IGST No need to take registration
Maharashtra Maharashtra Maharashtra Maharashtra Maharashtra CGST/SGST No need to take registration
 
It is to be noted that in case where the location of supplier and the location of residential dwelling is in the State other than the state of recipient of service, the receiver is liable to pay the CGST/SGST of the State in which location of service provider is located; for which registration is required to be taken by the recipient in such State. Hence, in the situation no. 1 in the above table, the service recipient is liable to get registered in the State of Maharashtra for discharging its GST liability under reverse charge mechanism. This will lead to unnecessary compliance burden on the service recipient as they need to obtain normal GST registration also in Maharashtra. For example- if the residential dwelling is used as guest house by employees of the company, the said company will need to obtain normal GST registration for making payment of tax under RCM. However, the input tax credit of the tax so paid will not be available as it will be objected as restricted under section 17(5)(g) of the CGST Act, 2017 as goods or services or both used for personal consumption which will be considered as cost to the company. On the contrary, if the residential dwelling is being used for commercial purposes such as a marketing office, the recipient will need to obtain the normal GST registration in Maharashtra and ISD registration in Maharashtra so that the input tax credit of tax so paid by the normal registration in Maharashtra can be transferred to the recipient registered in Rajasthan via ISD located in Maharashtra.
 
The complexities as pointed out needs to be resolved by the government by issuing a suitable clarification so that unnecessary compliance burden can be avoided
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