9911796707
TMI Blog2018 (10) TMI 1050X X X X Extracts X X X X X X X X Extracts X X X X ..... of renting of the property to Vantec Logistics India Private Limited. Hence, this inward supply was used in the course of the applicants 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. The applicant eligible to take credit of the CGST & SGST charged by M/S. Catalyst Consulting in the Tax invoice No. C- 007/17-18 dated 20-Dec-17 raised on the applicant for real estate brokerage services for renting of property on a fee basis rendered by Catalyst Consulting, subject to the conditions as per Section 16, 17 and 18 of CGST & SGST Act. Ruling:- The applicant is eligible to take credit of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicant has submitted the copy of application in Form GST ARA - 01 and also submitted a copy of Challan evidencing payment of application fees of ₹ 5,000/ -each under sub-rule (1) of Rule 104 of CGST rules 2017 and SGST Rules 2017. They have preferred an application seeking Advance Ruling on: Whether they are eligible to take Input Tax Credit of the CGST SGST charged by M/S Catalyst Consulting Chennai in respect of brokerage services and adjust the same against output tax payable against Renting of immovable property. 2. The Applicant is in the business of letting out property and is in the receipt of rental income. They have let out one of the properties to M/s. Vantec Logistics India Private Limited. This letting o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed on Vantec Logistics, Web Advertisement copy by Catalyst Consulting for the property, GSTR-3B, GSTR-1 of Catalyst Consulting , GSTR 2A of the applicant and Form 26AS for TDS deduction. 3.2 The documents submitted by the applicant were examined. It is seen that the applicant owned immovable property or warehouse/ commercial property at Echnoor Village, Sriperumbadur was leased to M/S. Vantec Logistics India Private Limited including furniture, fittings and fixtures for which rent is to be paid to the applicant. This was made possible by the services of Catalyst Consulting. There is no purchase order/ contract between the applicant and Catalyst Consulting. The applicant states that Catalyst Consulting identified the leasee through onlin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x 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 services or both made to him and includes- a) Integrated goods and service tax on import of goods; b) Tax payable under the provision of sub section (3) (4) of Section 9. c) Tax payable under the provision of sub section (3) (4) of Section 5 of Integrated goods and service tax Act. d) Tax payable under the provision of sub section (3) (4) of Section 9 of respective State goods and service tax Act; or e) Tar payable under the provision of sub section (3) (4) of Section 7 of the Union territory goods and service tax Act. But does not include tax paid under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tes 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 annual return whichever is earlier. Similarly, Section 17 and Section 18 impose certain conditions on availment of input tax credit. Therefore, the applicant eligible to take credit of the CGST SGST charged by M/S. Catalyst Consulting in the Tax invoice No. C- 007/17-18 dated 20-Dec-17 raised on the applicant for real estate brokerage services for renting of property on a fee basis rendered by Catalyst Consulting, subject to the conditions as per Section 16, 17 and 18 of CGST SGST Act. 5. In view of the foregoing, we rule as under: RULING The applicant is ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
