Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

GST on Rental Income

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... GST on Rental Income
Query (Issue) Started By: - Ethirajan Parthasarathy Dated:- 1-5-2021 Last Reply Date:- 13-5-2021 Goods and Services Tax - GST
Got 6 Replies
GST
During last one year most of the landlords are facing problem of collection of rent. Tenants ask for adhoc reduction, which is further reduced during lockdown period. Even the reduced rent is paid in instalments or even de .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ferred In such a situation, what is the safe approach for the landlord to file his monthly GST returns and payment of tax thereon. Reply By KASTURI SETHI: The Reply: In this very scenario, I am of view that if there is no consideration, there will bo no tax as it will not be hit by Section 7 (c) of CGST Act. In case no rent is received or reduced rent is received, that will be accepted by the d .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... epartment due to Covid-19 epidemic So far as legality is concerned, the best safe approach is to revise rent deed and it should be drafted in such a way that the agreement should cover all aspects, especially, relating Covid-19. Also take care of the following points :- As and when the landlord raises invoice, his liability arises and also in the absence of invoice, the date fixed for receipt o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f rent will be time of supply. Reply By Ganeshan Kalyani: The Reply: I fully agree with the views of Sri Kasturi Sir. The agreement must be amended to include terms such as "if there is lockdown imposed by Govt. then tenent is relaxed from payment of rent or such reduced rent as agreed between both the parties." So only on rent actually received the owner will become liable to pay GST. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... The department would consider such agreement in this current situation. Reply By Alkesh Jani: The Reply: Shri I agree with the views expressed by our Experts. However, If agreement is in force and cannot be amended, you can raise the Invoice stating actual value and then you can raise Revised Invoice and in description you can mention "Relaxation due to COVID-19" and can reduced the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... value. if No amount is received you can raise Invoice as above and issue Credit Note. As there is no revenue loss to the department, if GST is paid as per amount received and entered in the books of Accounts. This is my perspective. Thanks Reply By KASTURI SETHI: The Reply: Sh.Alkesh Jani Ji, Thank you very much for polishing the above views. Really appreciable. Original additional contents .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . Reply By Alkesh Jani: The Reply: Shri Kasturiji Sir, The word "thank you" is the just dot symbol of my gratitude for such encouraging words. With Due Regards Alkesh Jani Reply By Anand Singh: The Reply: I agree with experts, the agreement must be modified to include all relevant terms.
Discussion Forum - Knowledge Sharing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates