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RCM on Rent Paid to unregistered person

This query is : Resolved 

27 December 2022 Dear Experts, our company (Registered in GST in Delhi) paying Rent to a person (unregistered in GST) for residential flat situated in Maharashtra. we are paying RCM on that amount of Rent, shall we take input for the RCM paid?
Thanks in Advance

27 December 2022 Are you registered in Maharashtra?

27 December 2022 No, we are not registered in Maharashtra
we are registered in Delhi


27 December 2022 So, you cannot take ITC to the rent paid in Maharashtra, as place of supply is Maharashtra.

27 December 2022 Thanks Dhirajlal Ji,
but we are not paying GST to Landlord, we are depositing RCM on Rent.

27 December 2022 Its disputable issue, let us take opinion of other expert/s....

30 December 2022 RCM will be paid under IGST head but input tax credit will be available because in any case you are not paying GST on rent charged by the landlord as he is unregistered. you are paying RCM instead so ITC is available.



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