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TMI Blog2018 (10) TMI 1050X X X X Extracts X X X X X X X X Extracts X X X X ..... Nadu Goods and Service Tax Act are the same except for certain provisions. Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the Central Goods and Service Tax Act would also mean a reference to the same provisions under the Tamil Nadu Goods and Service Tax Act. M/s. Adwitya Spaces Private Limited, Administrative office at New No. 57, Second Floor, Bazullah Road, T.Nagar, Chennai- (hereinafter referred to as 'Applicant' or 'Adwitya') is engaged in the business of letting out property and is in receipt of rental income. They are registered under GST with GSTIN 33AAOCA6683J2Z6. The applicant has submitted the copy of application in Form GST ARA - 01 and also submitted a copy of Challan evidencing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e matter on 30.05.2018 and 25.07.2018. They stated that they have taken GST registration and started the Company only last year. They have given on rent the commercial property through the brokerage firm, M/s. Catalyst Consulting Chennai. They submitted GSTR-1, 2A and Lease agreement copies. They stated that there is no Purchase Order, contract agreement between Catalyst consulting and them. Only an invoice has been raised. They submitted invoice raised by Catalyst Consulting for brokerage service, land purchase documents, lease deed between the applicant and Vantec Logistics India Private Limited invoices raised on Vantec Logistics, Web Advertisement copy by Catalyst Consulting for the property, GSTR-3B, GSTR-1 of Catalyst Consulting , GST ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SGST. 4.2 M/s. Catalyst Consulting Chennai provided brokerage services by identifying a leasee for the commercial property owned by the applicant. As per the invoice raised by Catalyst Consulting Chennai this was done at a consideration which indicates that this transaction falls within the definition of "Supply" under Section 7 (I) (a) of CGST. This is a brokerage services related to buildings involving renting of buildings on a fee which as per the Explanatory Notes to classification of Services would fall under SAC 997222. Section 2(62) of CGST Act defines input tax as under: "input tax" in relation to a registered person, means the central tax, State tax, integrated tax or Union territory tax charged on any supply of goods or servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ants business. This inward supply rendered by catalyst Consulting is not listed in any of the exceptions mentioned in Section 17 (5) of CGST Act/ SGST Act for availing the input tax credit of CGST and SGST. Further, Section 16(2) states that input tax credit is available only if the registered person is in possession issued by registered supplier; a supply of the service has been received; tax has been paid by supplier to Government; the recipient (applicant) has filed returns; recipient has paid the supplier the amount within a period of 180 days. Section 16(4) states that the recipient(applicant) shall not be entitled to take input tax credit after the due date of furnishing return for September following the end of financial year or annu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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