Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

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
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com