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regarding excemption on rent, Goods and Services Tax - GST

Issue Id: - 118972
Dated: 10-2-2024
By:- FARIDUDDIN AHMAD

regarding excemption on rent


  • Contents

a government of india undertaking unit of factory engaged in the business of manufacturing at rae bareli collected rent of Rs-1,17,20,657/- from there employee on the residential facility provided to staff in the quatres(House) build for residential purpose and declared it in GSTR-3B as exempt supply. factory received SCN u/s 73 requiring to deposit tax on exempt supply. kindly advise it is exempt supply or taxable on the basis of RCM.

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Posts / Replies

Showing Replies 1 to 11 of 11 Records

Page: 1


1 Dated: 11-2-2024
By:- KASTURI SETHI

What is the period involved ?


2 Dated: 11-2-2024
By:- FARIDUDDIN AHMAD

period involved is F.Y-2018-19


3 Dated: 12-2-2024
By:- KASTURI SETHI

Are you sure it is rent ?

Has this amount been collected from all employees ?

What is the practice of such amount after 18-19 ?


4 Dated: 12-2-2024
By:- KASTURI SETHI

A Govt.of India undertaking unit does not fall in the definition of Govt.


5 Dated: 12-2-2024
By:- Shilpi Jain

If it is rent collected for the residential accommodation provided to the employees then there is an exemption available. GST is not liable


6 Dated: 12-2-2024
By:- Shilpi Jain

However, you should check whether the department is asking you to pay GST on the rentals or it is asking you to reverse proportionate input tax credit?


7 Dated: 12-2-2024
By:- Shilpi Jain

In case it is for reversal of credit, most probably the department would have taken the entire credit availed by the company and calculated the reversal.

You should consider only the common credit for the reversal and any specific credit.

If further clarity can be provided guidance can be given.


8 Dated: 12-2-2024
By:- FARIDUDDIN AHMAD

may be some outsider not an employee has also been provided residential facility on rent. i humbly request kindly let me know notification/circular for exemption on rent collected from staff and what will be the treatment if it has been collected from outsider


9 Dated: 12-2-2024
By:- FARIDUDDIN AHMAD

department has requested to reverse the common input credit as per rule 42 & 43.


10 Dated: 12-2-2024
By:- KASTURI SETHI

Dear Querist,

In order to save expert's time, query should be proper and correct in the first instance.The whole scenario has changed.


11 Dated: 12-2-2024
By:- FARIDUDDIN AHMAD

Sorry Sir. The SCN Issued is in respect of reversal of ITC As Per Rule 42 & 43. I Need Clarification Regarding Reversal of Common Input in proportanate to exempt supply is applicable to our exempt supply related to rent collected from staff.


Page: 1

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