Whether GST can be wavie if one month rent is not charged due to Covid 10

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..... Whether GST can be wavie if one month rent is not charged due to Covid 10
Query (Issue) Started By: - CA Suraj Dated:- 31-5-2020 Last Reply Date:- 31-5-2020 Goods and Services Tax - GST
Got 5 Replies
GST
If the client has not charged one month rent from tenant of shop then whether gst is to be paid on it as there is rental agreement which fixed monthly rent or gst is not required to p .....

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..... ay as no consideration is received. Reply By KASTURI SETHI: The Reply: Service has been provided and service has been received. Premises of business are already in the possession of the tenant. See Section 13 (2)(c) of CGST Act. In my view,tax has to be paid by the supplier of service. Reply By Ganeshan Kalyani: The Reply: I agree with the views of Sri Kasturi Sir. The tenant of the shop occup .....

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..... ies the shop. The possession remains with the tenant. Hence, the service is provided. The agreement also assumes payment to be made at a selected date by the tenant. The possession remains for the agreed term. The service is rendered. GST is applicable. Reply By KASTURI SETHI: The Reply: Yes. Emphasis is on agreement and 'agreed for consideration' . Reply By CSSANJAY MALHOTRA: The Reply .....

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..... : Invoice needs to be issued with GST as per agreement ( refer section 31 of CGST Act 2017. You can raise credit note afterwards even in sane month thus waiving off rent. No Net GST liability in GSTR-1. Make sure business associate should not be covered as related party or distinct person. Alternatively, issue addendum to rent agreement or simple letter waiving off rent for particular month due .....

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..... to Covid-19. No GST liability will come in and no need for tax invoice. If consideration is not received then transaction is not "Supply" ( exception being Schedule-1) Reply By YAGAY andSUN: The Reply: Force Majeure Clause is there in the agreement/contract. Consideration is mandatory part of contract. Services can be provided also as free without considerations. Whether GST is appli .....

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..... cation on free services? Needs further deliberation on this matter with Experts.
Discussion Forum - Knowledge Sharing .....

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