Who will be liable to pay GST Demand
This query is : Resolved
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06 April 2022
Building Owner giving a building on rent to the tenant (Hospital) and Collecting Rent Rs. 48,00,000/- yearly as per rent agreement signed by both parties.
Building Owner is unregistered in GST and Demand raised against Building Owner but who will be liable to pay that amount. The landlord demanded from Tenant but Tenant said Landlord didn’t issue an invoice to him and Hospital paid rent as per the rental agreement.
Who will be liable to Pay GST Demand?
Building Owner is unregistered in GST and Demand raised against Building Owner but who will be liable to pay that amount. The landlord demanded from Tenant but Tenant said Landlord didn’t issue an invoice to him and Hospital paid rent as per the rental agreement.
Who will be liable to Pay GST Demand?
06 April 2022
Hospital paid rent as per agreement. It's the fault of landlord not registered under GST and not issuing tax invoice.
Hence landlord is liable to pay GST demand.
Hence landlord is liable to pay GST demand.
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07 April 2022
But the landlord's CA said it's an indirect tax final burden is on the tenant and if the landlord did not collect GST from the tenant, a landlord can recover GST.
07 April 2022
Check rental agreement terms.
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07 April 2022
On the rental agreement, it's not specified tax included or not. Hospital paid rent after the deduction of TDS.
07 April 2022
Let the owner of the building get GST registered and issue tax invoice for the agreed amount, then the hospital can make payment of GST to the owner and take credit if it is eligible. The owner will proceed to file the GSTR 1 and 3B, making GST payment to the government.
07 April 2022
So hospital not liable to pay GST.
08 April 2022
In indirect taxation the tax burden can be passed on the recipient but it is not necessary that it has to be passed on.
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