2020 (7) TMI 196 - HC - GST

Credit of the GST amount earlier Service Tax charged by the petitioner in the Invoice - whether Respondent No.1 has taken credit of Service Tax/GST amount charged by the Petitioner in the monthly rent invoices? - HELD THAT - The present petition is misconceived. Apparently Petitioner has not received the entire amount against the monthly rent invoices for the period commencing from November 2012 to June 2020. Petitioner contends that the outstanding amount is towards the tax component levied on the said invoices - In the present case we have not been called upon to adjudicate as to whether the liability to pay the taxes is on the Petitioner or Respondent No. 1. This question would have to be determined inter-se Petitioner and Respondent No.1 in appropriate proceedings having regard to the terms and conditions of the lease agreement and in particular the Clause 13 extracted in the foregoing paragraphs. In so far as the tax department is concerned it is the Petitioner who is registered with them and is liable to pay taxes. Under GST the point of taxation that is the liability to pay GST will arise at the time of supply as determined for goods and services. This obligation to pay Service Tax/GST is irrespective of Respondent No. 1 taking credit of the taxes paid. Thus whether Respondent No. 1 has availed the credit of Service Tax/GST or not is immaterial and will not effect Petitioner s right if any to recover the same. Learned counsel for the Petitioner is also unable to show any provision of law that puts an obligation on the tax department to furnish the information for which the mandamus is being sought. In case the petitioner has no such legal right the prayer cannot be granted. We find no merit in the petition and the same is dismissed.

Summary

Issues:
1. Petitioner seeking disclosure of whether Respondent No.1 has taken credit of GST amount charged on rent invoices.
2. Interpretation of lease agreement clause regarding tax liabilities.
3. Dispute over payment of service tax/GST on rent.
4. Petitioner's request for mandamus to obtain information from tax department.
5. Legal obligation of tax payment between Petitioner and Respondent No.1.

Analysis:
1. The Petitioner filed a petition seeking disclosure of whether Respondent No.1 availed credit of GST on rent invoices. The court noted that the Petitioner had not received full payment for invoices and the issue of tax liability must be resolved between the parties based on the lease agreement terms.
2. The lease agreement clause stated the Petitioner is responsible for taxes including Service Tax and new charges. The court highlighted that the Petitioner, as the owner, is obligated to pay service tax and GST, regardless of whether Respondent No.1 has availed credit for taxes paid.
3. The Petitioner argued that despite charging Service Tax/GST on rent, Respondent No.1 did not pay the taxes, leading to outstanding amounts. The court clarified that the Petitioner's right to recover taxes would depend on the lease agreement clauses and separate proceedings.
4. The Petitioner requested the court to direct the tax department to disclose if Respondent No.1 had taken credit for taxes paid. The court found no legal obligation for the tax department to provide such information, leading to the dismissal of the petition.
5. The court emphasized that the Petitioner, being the registered taxpayer, is liable to pay taxes under both service tax and GST laws. The court stated that even if Respondent No.1 availed tax credit, it would not affect the Petitioner's right to recover taxes, subject to the lease agreement terms and appropriate legal proceedings.