RCM on Advocates Fee

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This discussion clarifies whether a charitable religious trust, registered under 12A and GST, needs to charge GST under Reverse Charge Mechanism (RCM) for advocate fees. It confirms that renting of immovable property is considered a business activity under GST, even for a trust, and therefore RCM would apply to advocate's fees.

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(Querist)
16 December 2022 A charitable religious trust, registered under 12A of Income Tax Act and registered under GST as a Tax Payer since Renting of Immovable Properties Turnover exceeds 2CR, whether to charge GST under RCM for advocate's fee or exempted ? Is the definition of Business Entity for the recipient of service applicable as it is a charitable trust?
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Dhirajlal Rambhia

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Dhirajlal Rambhia (Expert)
16 December 2022 Yes, renting of immovable property is business as per GST, and as such the RCM would apply.
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SANTHOSH KURIAN

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SANTHOSH KURIAN (Querist)
16 December 2022 Thank you Sir for your reply.
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Dhirajlal Rambhia

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Dhirajlal Rambhia (Expert)
16 December 2022 Most Welcome ...
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