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ITC for Marriage Hall and Mall, Goods and Services Tax - GST

Issue Id: - 115316
Dated: 13-8-2019
By:- Muthukumar Muthunarasimhan
ITC for Marriage Hall and Mall

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Dear Experts,

My client has spent GST on various building materials and interior decorative items for marriage hall as well as Mall. As per the recent verdict of various HC about ITC available for renting of immovable properties against to offset the output GST. Can you give me those verdicts and case laws ? Can writ petition may file quoting those verdicts? or file an application under Advance ruling is best option. Please advice me.

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Posts / Replies

Showing Replies 1 to 9 of 9 Records

1 Dated: 13-8-2019
By:- Ganeshan Kalyani

2019 (5) TMI 1278 - ORISSA HIGH COURT M/S. SAFARI RETREATS PRIVATE LIMITED AND ANOTHER VERSUS CHIEF COMMISSIONER OF CENTRAL GOODS & SERVICE TAX & OTHERS


2 Dated: 13-8-2019
By:- KASTURI SETHI

There is every likelihood that the department may challenge the judgment of Orissa High Court in the Supreme Court. If you opt for filing an application with Advance Ruling Authority on this issue and AAR decides the issue in your favour, the possibility of challenging the decision by the department cannot be ruled out. You have the following options :-

1. Pay tax under protest till the matter is sub judice and thus be safe and tension free.

2. No use of opting for Advance Ruling application. Wait for the decision of the department. It will be clear soon.

3. It is advised that we should follow the Act rather than the judgment. What will be the fate of this judgement in the Supreme Court, nothing can be said at this stage.

I am of the view that there is not even remote possibility of accepting this judgement by the department


3 Dated: 13-8-2019
By:- Muthukumar Muthunarasimhan

Dear Mr. Ganeshan and Mr.Sethi Sirs,

I first of all recorded my thanks for your immediate reply. I accepted your views. But, the ITC has to be claimed atleast before filing of the Annual Return and the last day is 31st August . My question is after filing annual return, there is no possibility of claiming the accumulated ITC because of hit by the limitation of time. Hence, in this situation it is better to claim ITC and not utilised till such a clarifications that may be given by the Advance Ruling Authority. Is my opinion is correct?


4 Dated: 13-8-2019
By:- KASTURI SETHI

Dear Sh. Muthukumar Muthunarasimhan Ji,

Yes, your opinion is correct especially, in view of the amendment in Section 50 of CGST Act to the effect that interest will be charged on net cash liability except in the case of SCN issued under Section 73 & 74 of CGST Act. Opt for filing application with Advance Ruling Authority.


5 Dated: 13-8-2019
By:- Muthukumar Muthunarasimhan

Dear Kasturi Sethi ji,

Thanks for your active participation and immediate suitable advice. May God will shower his choicest blessings on you.


6 Dated: 13-8-2019
By:- Himansu Sekhar

The marriage hall is not meant for perpetual renting. The building is yours and constructed for yourself. Before it was rented, you constructed the immovable property and it lost the characteristics of goods or services. Further in some parts of the year it is not rented and not used for business purposes. It fits into the definition of exempted services. Please compare these aspects with the case of safari retreats.


7 Dated: 13-8-2019
By:- Himansu Sekhar

Please go through the Hon'ble High Court decision carefully.


8 Dated: 14-8-2019
By:- Himansu Sekhar

Also the time period for taking itc for the year 17-18 is over.


9 Dated: 14-8-2019
By:- KASTURI SETHI

Dear Sh. Muthukumar Muthunarasimhan Ji,

Your words are moral booster for me.

Thanks & regards.


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