2022 (12) TMI 953 - AAR - GST

Levy of GST - Rent/ Lease received from Lessee and for filing the return relating to Renting / Leasing of the said premises - utilization of balance available in Electronic Credit Ledger (Input Tax Credit) in respect of purchase of Raw material, consumables, capital goods relating to the manufacture of Granite Slabs to discharge GST liability of Rent for the premises given for Rental/Lease basis - utilization of balance in Cash Ledger to discharge GST liability (Output Tax) of Rent for the premises given for Rental/ Lease basis. Whether the applicant can continue with existing registration for discharge of GST liability and also for filing of returns relating to their new business? - HELD THAT - The applicant intends to know whether a separate registration needs to be taken or otherwise for conduct of his new business. It is seen, from the said question, that the applicant does not intend to know whether they are required to be registered or not. The applicant's only concern is whether registration can be continued or a fresh registration needs to be taken for their new business, which is not covered under Section 97 (2) (f) i.e. whether applicant is required to be registered and hence the said question cannot be answered. Utilisation of the ITC available in their Electronic Credit Ledger - HELD THAT - The admissibility or entitlement of credit of tax charged to a registered person, on any supply of goods or services or both, which are used or intended to be used in the course or furtherance of business and the said amount shall be credited to the electronic credit ledger of such registered person, in terms of Section 16 of the CGST Act 2017, subject to the conditions under Section 17(5) of the said Act relevant rules. It is pertinent to mention here that the admissibility of the ITC is concerned till the credit of the said amount into the electronic credit ledger. The applicant in the instant question seeks advance ruling on the issue of utilization of ITC available in the Electronic Credit Ledger and thus the question is not covered under the issues specified in Section 97(2) of the CGST Act 2017. Utilization of amount available in their Electronic Cash Ledger towards discharge of GST liability on rental/lease income, which is not covered under the issues specified in Section 97(2) of the CGST Act 2017 - HELD THAT - It is observed on examination that the notification 2/2019-Central Tax dated 29.01.2019 was issued to appoint the date i.e. 1.2.2019, from which certain provisions of CGST Act shall come into force. Further Notification No.16/2019-Central Tax dated 29.03.2019 is issued, in terms of Section 164 of the CGST Act 2017, notifying the amendment to the CGST Rules 2017 and is also applicable to all. Thus the notifications are not relevant to the questions raised and hence the questions are not covered even under applicability of a notification issued under the provisions of this Act , under Section 97(2)(b) of the CGST Act 2017. In fact the applicant filed the instant application seeking advance ruling in respect of the questions, claiming that the issues are allegedly covered under Section 97(2)(d) and (e) of the CGST Act 2017. The application is not maintainable as the questions on which advance ruling is sought by the applicant are not covered under the issues specified in Section 97 (2) of the CGST Act 2017 and hence the instant application is liable for rejection in terms of Section 98(2) of the CGST Act 2017.

Summary

Issues Involved:
1. Continuation of existing GSTIN for new business activities.
2. Utilization of balance in Electronic Credit Ledger (Input Tax Credit) for new business activities.
3. Utilization of balance in Cash Ledger for new business activities.

Issue-wise Detailed Analysis:

1. Continuation of Existing GSTIN for New Business Activities:
The applicant sought an advance ruling on whether they can continue with the existing GSTIN to discharge GST liability for rent/lease received from the lessee and for filing returns related to renting/leasing of the premises. The Assistant Commissioner of Central Tax opined that the applicant can continue with the existing GST registration by applying for the requisite amendment indicating the change of Principal Place of Business (PPOB) and business details in their GST registration. However, the Authority for Advance Rulings (AAR) concluded that the question does not fall under Section 97(2)(f) of the CGST Act, which pertains to whether an applicant is required to be registered, and hence this question cannot be answered.

2. Utilization of Balance in Electronic Credit Ledger (Input Tax Credit) for New Business Activities:
The applicant queried whether they could utilize the balance available in the Electronic Credit Ledger (Input Tax Credit) from their previous business activities (manufacture of granite slabs) to discharge GST liability for rent/lease income. The Assistant Commissioner argued that allowing such utilization would contravene Section 16(1) of the CGST Act, as the input tax credit was availed for a different business activity (manufacture of granite slabs) and not for the new business activity (renting/leasing of commercial immovable property). The AAR also concluded that the question is not covered under the issues specified in Section 97(2) of the CGST Act, which pertains to the admissibility of input tax credit of tax paid or deemed to have been paid until the credit is entered into the Electronic Credit Ledger.

3. Utilization of Balance in Cash Ledger for New Business Activities:
The applicant sought clarification on whether they could utilize the balance in the Cash Ledger to discharge GST liability for rent/lease income. The Assistant Commissioner confirmed that the applicant can utilize the balance in the Cash Ledger as per Section 49(3) of the CGST Act. However, the AAR concluded that this question is also not covered under the issues specified in Section 97(2) of the CGST Act.

Conclusion:
The AAR concluded that the questions raised by the applicant regarding the continuation of existing GSTIN, utilization of balance in Electronic Credit Ledger (Input Tax Credit), and utilization of balance in Cash Ledger for new business activities are not covered under the specified issues in Section 97(2) of the CGST Act. Hence, the application for advance ruling was rejected in terms of Section 98(2) of the CGST Act.

Ruling:
The application filed by the applicant for advance ruling is rejected in terms of Section 98(2) of the CGST Act 2017.