Hello,
We have Rented Office Space in Pune but we dont have any GST number for Pune Office. so i am asking landlord to issue IGST invoice but they are giving below comment. kindly suggest whether we can take input or not ? and also please suggest whether they can issue IGST inovoice or not ?
According to the Place of Supply Rules stated in IGST Act,
The place of supply of services–
directly in relation to an immovable property, including services provided by architects, interior decorators, surveyors, engineers and other related experts or estate agents, any service provided by way of grant of rights to use immovable property or for carrying out or coordination of construction work.
shall be the location of immovable property located. As the query asked by you,
Place of supply of Service would be the location of the immovable property.
Therefore, Place of supply of service will be Pune, Maharashtra and CGST & SGST should be charged.
Also, you will get the input of SGST & CGST paid in this case.
It is fact that you will not be able to take credit of CGST & SGST charged in the invoice of rent paid in Maharashtra in below-mentioned case. But, as per the place of supply rules, we cannot charge IGST in this transaction.
So, If the client has registration in Maharashtra state then only, he can claim input of the same. If he doesn't have registration, then he may opt to register in Maharashtra state to get the input benefit.