Can you please go through the above link and express your opinions. My opinion Gst should be levied on both the transaction since this is not for Residential purpose.
Read more at: https://www.caclubindia.com/experts/sub-leasing-of-residential-property-for-residential-purpose-2787049.asp
14 March 2020
Gone through the given link. The expert's opinion is correct. GST is not leviable in both the cases .
The service of renting/leasing out the dwelling units for residential purposes is exempted under SI No. 12 of the Exemption Notification.No. 12/2017 — Central Tax (Rate) dated 28/06/2017
In re Borbheta Estate Pvt Ltd (GST AAR West Bangal), it is held that Applicability of SI No. 12 of the Exemption Notification depends upon whether the dwelling unit is used as a residence. It appears from the documents produced that all the above dwelling units are being used for residence, irrespective of whether they are let out to individuals or a commercial entity.
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