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Gst application

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Sir,

I have a query..

My company's head-office is situated at Bangalore.

Branch office is at Mumbai and separate GST registration is taken (for Maharashtra).

My company has some immovable property under the Mumbai Branch office. And those properties are rented out.

The issue is .. one of the tenant (a company's Branch) has not registered under GST (in Maharashtra) as they are only doing booking work/services here and their HO located at Delhi has registered under GST. According to them 'no need of separate registration at local state'.

Now.. while raising bill for Rent collection what should be the category (CGST+SGST or IGST) as the service provider & service receipient (both) are in Mumbai but receipient's GST is registered only at Delhi (HO end).

 

#chandrashekar

 

Replies (3)
As per Section 12(3) of the IGST Act 2017 Place of Supply of Services in case of Immovable Property by way of grant of rights to use Immovable Property would be the location at which the Immovable Property is situated. According to Section 2(70) of the CGST Act Location of Recipient of Services where the supply has been received at a place of business for which no registration has been obtained (Fixed Establishment) would be the location of such establishment. In your case Place of Supply of Services is also Mumbai and Location of Recipient of Services is also in Mumbai. Hence tax applicable should be CGST + SGST.

Thanks for reply.. But the doubt is even though the receipiet of services is having GST registration at their Head Office at Delhi??

Does he have to register at Maharashtra too??

He is required to register in Maharashtra only if he is providing taxable supplies from Maharashtra and his aggregate turnover exceeds Rs. 20 Lakhs.


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