Applicability of GST On immovable property

we are providing service by letting out constructed toilets under immovable property to a contractor on license fee basis.
in turn ,the contractor generate revenue by collecting fee from the users of convenience for the service given by him..
As per the notification 12/2017 under CGST Act, vide sl no 76, service by way of public convenience such as provision of facilities of bathroom, washrooms , , toilets is exempt from GST..
as per our understanding, in our case, the above exemption shall be applicable for the supply of service provided by the contractor I.e on collecting user fee from public but not for the supply of service of letting out immovable property for which we are receiving license fee for letting out immovable property.
the contractor filed petition in the court for exemption of GST on the license fee amount paid by him based on the exemption given in the above notification under cgst act..
the court has given order in his favor..
our query is
1. whether we need to stop raising gst invoice n claiming GST as per court order ?
if yes, whether gst department may raise objection if they find out?
Replies (2)
Quick Summary
This discussion explores whether GST applies to license fees received for letting out immovable property used for public toilets. While services like public conveniences are exempt under notification 12/2017, the applicability to the letting of the property itself is debated. A court case ruled in favour of the contractor, suggesting exemption on the license fee. The query is whether to cease issuing GST invoices and if the GST department might object.

You file application with your Jurisdictional TO to exempt your self from charging GST, with a copy of court order. Let the ball be in GST court.

That is a rare circumstance

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