Gst on maintenance

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Accountant
26 Points Posted on 02 February 2020
We have warehouse,  which we have given on rent to two companies and since FY-2017-18 we are collecting "maintenance charges" through reimbursement bill. But we are not charging gst on bill. In the books what we are collecting is more than what we are paying on account of "maintenance Charges". Now please advise whether we have to charge gst on maintenance bill or not. If yes then please tell us the way how to escape from earlier GST liabilities. If there is any provision to charges GST on our tenant for earlier payment i.e. FY-2017-18,2018-19 &2019-2020....
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On 02 February 2020 at 07:23 Report
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Quick Summary
This discussion addresses whether GST should be charged on maintenance charges reimbursed by tenants for a warehouse. Based on Section 15(2) of CGST, GST is indeed applicable on these charges, even if they are based on actual costs. Unfortunately, there is no provision within GST law to exempt past liabilities or avoid tax for the period from FY 2017-18 onwards. The question of whether GST can be collected from tenants retrospectively and if they can claim input tax credit is also raised.

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GST Practitioner
55067 Points Posted on 02 February 2020
In term of Section 15(2) of CGST , yes you are required to charge GST on maintenance bill , even though its on actual basis.
No there is no such provision prescribed in GST for exemption of Tax (Avoiding Tax).
1 Reply
On 02 February 2020 at 11:39
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Accountant
26 Points Posted on 03 February 2020
Can I collect gst from my tenant now.will they get credit
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On 03 February 2020 at 10:46

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