GST ON RENT where recipient is located in another state

Darshit Rathod (38 Points)

11 August 2023  
Query: XYZ Ltd of Haryana has rented it's property located in Harayana to S Ltd of Maharashtra. XYZ Ltd invoices to S Ltd 50000 rent by levying 18% IGST. But as per sec 12(3) of IGST XYZ should levy CGST & SGST at the time of invoice.

Can S Ltd is able to claim IGST on such rent. XYZ Ltd is party at default for issuing wrong invoice. Is S Ltd able to claim the said IGST on such rent?