banner_ad

GST on Lease of Building

Others 245 views 3 replies
A provides bldg on lease to B. B runs it as Girls Hostel. Does services supplied by B can be considered under Entry 12 Residential dwelling for residential use or can we claim exemption under entry 14 as rent charged < 1000 per day?

Also, Can Supply by A to B be considered exempt because end use by B to Students (furtherance of service) itself is exempt? Or if A should charge GST from B than will it be cost for B or B can Claim Refund?
Replies (3)
No......

As per entry no.12 of Notification 12/2017 CT (R) : Services by way of renting of residential dwelling FOR USE AS RESIDENCE is Exempted

In above kindly refer "FOR USE AS RESIDENCE" is Exempted, but Mr. B is using it as business by further subletting (girl hostel) .

Now As per Notification 46/2017 CT (r)
supply of food or drink provided by a mess or canteen is taxable at 5% without Input .
And As per entry no 14 of Notification 12/2017 CT (R) , Accomodation for per Room is below 1000/- per day is Exempted.

Hence if we refer all the above Notifications :
1.Services provided as renting of Building by Mr. A to B is Taxable .
(Note : Assume Mr A is Registered in GST)

2. Mr. B is providing fooding + Accomodation services is more then 1000/- per day for per unit is Taxable
Whether considering the fact that the land is converted for residential purpose and the sanction of plan is for building residential unit and purchase of the same by A from erstwhile owners as a residential unit and leasing the same to B, whether does it qualify for exemption.
Secondly Mr.B is providing residential accomodation to students without providing food but for some with food for which 5% GST is paid by B from his pocket.
The residential unit accomodation is being charged below 1000 rupees per day by B.
Then what?

even though the bldg. is meant for residence purpose but being used as commercial , hence gst is applicable

below 1000/- its exempted


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Topics
Loading
Company
ARTICLESHIP 28 May 2026
Accounts, Audit & Compliance Executive

Shyam Joshi & Associates

Pune

B.Com

View Details
Company
Featured 28 May 2026
SEMI QUALIFIED/ CA DROPOUTS/ ARTICLES

T R SOOD & CO

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 04 June 2026
Article

Rakhecha & Co.

New Delhi

CA Inter

View Details
Company
29 May 2026
Finance Head

Bhawar Sales Corporation

Chennai

Graduate (Any)

View Details
Company
19 May 2026
Article, CA & Paid Assistant Positions

Aggarwal Sarawagi and Co

New Delhi

CA

View Details
Company
ARTICLESHIP 17 May 2026
CA Article /Trainee

Malik Sunil & co

New Delhi

CA Foundation

View Details
Company
22 May 2026
Audit assistant

Displayandbeyond

Mumbai

CA

View Details
Company
24 May 2026
Accounts & Tax Executive

PARAS KHURANA AND CO

New Delhi

B.Com

View Details