Gst on rent

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Accountant
305 Points Joined April 2013

Dear experts

We are a trading company, our GST registration is in Karnataka, we have a branch office in Kolkata.Our landlord raising their rent bill quoting our KARNATAKA GST no.

Now my question is can we take input credit on that ?

Thanks in advance

Gupta

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On 26 February 2018 at 21:36 Report
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Student CA IPC / IPCC
38 Points Joined November 2013
sir....apka kolkata me registration hona mandatory hai....to agar apaka kolkata me registration hai to vahi k gst no. pr bill raise kriyega to claim input.
Karnataka me kolkata vaali property pr gst input claim ni kr skte.
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On 26 February 2018 at 22:05
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Student CA IPC / IPCC
38 Points Joined November 2013
sir....apka kolkata me registration hona mandatory hai....to agar apaka kolkata me registration hai to vahi k gst no. pr bill raise kriyega to claim input.
Karnataka me kolkata vaali property pr gst input claim ni kr skte.
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On 26 February 2018 at 22:05
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Student CA IPC / IPCC
38 Points Joined November 2013
sir....apka kolkata me registration hona mandatory hai....to agar apaka kolkata me registration hai to vahi k gst no. pr bill raise kriyega to claim input.
Karnataka me kolkata vaali property pr gst input claim ni kr skte.
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On 26 February 2018 at 22:05
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564 Points Joined May 2017
no if you want to take gst credit of the cgst and sgst of kolata west bengal then you have to take registration in that state becuase as per igst act section 12, landlord cant issue bill of igst on immovable property renting. so you cant take credit of the tax as the place of supply for renting service is in the state in which property is situated for any clarification please ask any other doubts
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On 26 February 2018 at 22:07
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Accountant
305 Points Joined April 2013
Dear Gagan jee We don't have any godown in Kolkata that is only a marketing office . As from Kolkata there is no billing so we can't do registration of GST for our Kolkata branch.Moreover the landlord ( a LTD company ) issuing their rent bill with IGST, so why we can't get the ITC , moreover the rent also paid from our head office I.e from Karnataka. Pls suggest. Thanks once again
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On 26 February 2018 at 22:40
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564 Points Joined May 2017
sir jee the landlord is issuing the bills wrongly, when the a.o will assess their case they will have to change tge igst to local tax , you have to suffer if you take igst credit because this is technically wrong, if you take this then you have to pay tax with interest due to wrong itc taken
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On 26 February 2018 at 22:44
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banglore
1496 Points Joined June 2012
For services related to immovable property place of service is location of property since property is in kolkata and vendor also in kolkate CGST & SGSt would be applicable.

If landlord is charging IGST then he will be face issues from department. It is very clear whether the invoice raised on karnataka, payment made from karnataka branch cant make the input eligible.
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On 26 February 2018 at 22:46
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564 Points Joined May 2017
also if your turnover is exceding 20 lakh or you have to taken registration in one pan you have to take registration in every state whererver from taxable supply is made
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On 26 February 2018 at 22:48
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"Do the Right Thing...!!!"
128121 Points Joined January 2015
Yes... I agreed to Mr Gagan Singla.,

The Landlord is correctly issued bill as per his supply of Services in Intra State and CGST and SGST...

Also You can't take ITC for the Rental Invoice.
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On 27 February 2018 at 05:41
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"Do the Right Thing...!!!"
128121 Points Joined January 2015
Yes... I agreed to Mr Gagan Singla.,

The Landlord is correctly issued bill as per his supply of Services in Intra State and CGST and SGST...

Also You can't take ITC for the Rental Invoice.
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On 27 February 2018 at 05:41
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7059 Points Joined January 2017
good clarification and information
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On 11 August 2019 at 21:22


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