9911796707
TMI Blog2023 (4) TMI 903X X X X Extracts X X X X X X X X Extracts X X X X ..... ng tenancy of the said scheduled property. A General Power of Attorney is governed by provisions of Powers of Attorney Act, 1882. It is an instrument empowering the specified person to act for and in the name of the person executing it. It is a legal document whereby one person authorises another to act on his/her behalf. The person authorising is referred to as the 'principal' and the person being authorised under the power of attorney is called an 'agent' - It is evident that though Shri Nagabhushana Narayana, is the absolute owner of property, the act of leasing of immoveable property was taken up by Smt Prabhavathi as a GPA holder of the said property. Also the incomes from the property, including the rent are received and retained by the GPA holder. The activity of leasing or letting out of the building including a commercial, industrial or residential complex for business or commerce, either wholly or partly, is a supply of services in terms of entry 2(b) of Schedule II to Section 7 of CGST Act, 2017 - Smt.Prabhavathi, the GPA holder is the supplier of service of leasing of the building for commercial purposes. In the instant case, since the supply of se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... residing at California, USA; owns an immovable property in Bangalore, India and rented the said commercial property to the tenants and is in receipt of rental income. 6. Applicant's Interpretation of Law: The applicant furnished their interpretation of law, which is as under: 6.1 The Applicant is a non-resident Indian, holding an OCI card, residing at California, USA and thus is ordinarily resident outside India and believes that he is not liable to be registered in India and also not liable for payment of any GST in India under the CGST Act 2017. 6.2 The applicant, quoting Section 22 which deals with persons liable for registration, Section 24 which deals with compulsory registration in certain cases, Section 2(71) which defines the location of the supplier of service , Section 2(85) which defines the place of business , Section 2(50) which defines fixed establishment of the CGST Act 2017 submits that he does not have any of the places that are included under place of business , in India; he doesn't have any fixed establishment in India and thus clause (d) is the relevant one to the location of supplier of services is i.e. usual place of residence and there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eir application. FINDINGS DISCUSSION 8. At the outset we would like to make it clear that the provisions of CGST Act, 2017 and the KGST Act, 2017 are in pari-materia and have the same provisions in like matters and differ from each other only on a few specific provisions. Therefore, unless a mention is particularly made to such dissimilar provisions, a reference to the CGST Act would also mean reference to the corresponding similar provisions in the KGST Act. 9. We have considered the submissions made by the applicant in their application for advance ruling. We also considered the issues involved on which advance ruling is sought by the applicant and relevant facts along with the arguments made by the applicant the submissions made by their learned representative during the time of hearing. 10. The applicant, a non-resident Indian, residing at California, USA, owns a commercial property in Bengaluru and rented the said premises from which is in receipt of rental income. In this regard, the applicant contended that he is the owner and supplier / provider of Renting of Immovable Property Service; the location of the supplier is outside India as he resides outside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is an instrument empowering the specified person to act for and in the name of the person executing it. It is a legal document whereby one person authorises another to act on his/her behalf. The person authorising is referred to as the 'principal' and the person being authorised under the power of attorney is called an 'agent'. A general power of attorney, as is evident by its name, is not drafted for a specific purpose and the agent can act on behalf of the principal on varied matters. The acts of an agent acting on the behest of a general power of attorney, bind the principal. The power of attorney is frequently used in the event of a principal s illness or disability, or when the principal can't be present to sign necessary legal documents for financial transactions. It is a document that lists the authorization/power given to the third party. It generally includes the following clauses: (i) Material particulars (personal information) of the principal and the agent i.e. the parties, (ii) The various purposes for which the agent is authorised to act on behalf of the agent, and (iii) A list of 2 witnesses who shall affirm the contents of the ge ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
