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Gst on rent

gupta (Accountant) (305 Points)

26 February 2018

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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11 Replies

Nikhil Rawat (Student CA IPC / IPCC) (38 Points)
Replied 26 February 2018

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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Nikhil Rawat (Student CA IPC / IPCC) (38 Points)
Replied 26 February 2018

Gagan Singla (564 Points)
Replied 26 February 2018

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

gupta (Accountant) (305 Points)
Replied 26 February 2018

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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Gagan Singla (564 Points)
Replied 26 February 2018

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

sujith kumar dasa (banglore) (1496 Points)
Replied 26 February 2018

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.

Gagan Singla (564 Points)
Replied 26 February 2018

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

RAJA P M ("Do the Right Thing...!!!") (128096 Points)
Replied 27 February 2018

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.

RAJA P M ("Do the Right Thing...!!!") (128096 Points)
Replied 27 February 2018

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.