plz rply

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hello, rental income received by state govt from renting an immovable property to vimal private ltd ( turnover of the company was 22 lakh in the preceding financial year) plz clarify who is liable to pay gst and why ? thanks
Replies (12)
as per section 9(3) and section 5(3) vimal pvt ltd is liable to pay gst under RCM

refer s.no. 5A of RCM TABLE
as per section 5 rcm is nt applicable in case of renting of immovable property .
5A Services supplied by the Central Government, State
Government, Union territory or local authority by way of renting of immovable property to a person registered under the Central Goods and Services Tax Act, 2017 (12 of 2017).
Central Government, State
Government, Union territory or local authority
Any person registered under the Central Goods and Services Tax Act, 2017.”
section 5 provides provision regarding business entity. and section 5 a provides provision regarding any person registered under the act

1. regarding section 5(3) please refer below mentioned notification

    Notification No. 3/2018- Integrated Tax (Rate) dtd. 25-jan-2018

    s.no. 6A of RCM table

2. regarding section 9(3) please refer below mentioned notification

    Notification No. 3/2018- Central Tax (Rate) dtd. 25-jan-2018

    s.no. 5A of RCM table

s.no. 5 is not related to renting of immovable property 

there r two views regarding this question. i asked same question to two faculties. as per one faculty rcm is nt applicable on business entity, and another faculty says that rcm is applicable . i m confused which one is right..

in my view and according to section and notification issued by the department 

vimal pvt ltd is liable to pay gst under rcm scheme

in RCM table clearly mentioned "ANY registered person "

ANY  person includes business entity also

 

 

 

in my view and according to section and notification issued by the department 

vimal pvt ltd is liable to pay gst under rcm scheme

in RCM table clearly mentioned "ANY registered person "

ANY  person includes business entity also

 

 

 

yeah agree with Mr.Dharam Rcm is applicable on Renting of immovable property by state govt to Any registered person in GST ACT.
yup.i also think so.thanks for ur rply.bangar sir's solution is right.
@ mansi

i hope my reply will be useful for you
yes.mr dharam.thanks a lot for solution. its worthful to me.

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