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Regarding to applicability of Gst and availment of ITC

Satyendra (Student CA IPC / IPCC) (21 Points)

27 May 2021

A newly registered Pvt Ltd. company in Uttar Pradesh, has taken an office on rent in Delhi for its business purpose from a registered person but comany has not obtained it's registion in Delhi .?
whether gst applicable on rent ...?
what will be charge on bill IGST or CGST or SGST and can company take input ..?

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5 Replies

Sundip Dalmia (Consulting and Advisory) (19 Points)
Replied 27 May 2021

It will be CGST and SGST and input can not be claimed if you dont have regt

Rama chary Rachakonda (Master in Accounts & Lawyer email ID:ramachary64@gmail.com voice no:9989324294) (3303 Points)
Replied 27 May 2021

Do You Need To Get Registered?

1. Do you supply goods/services of over Rs. 25 lakh (Rs. 10 lakh in case of North Eastern states, including Sikkim)?
2. Are you required to pay tax under reverse charge?
3. Are you purchasing or supplying any goods or services outside of the borders of your home state? (The Rs. 25 lakh limit will not apply).
4. Are you planning on selling on e-commerce websites such as Flipkart, Amazon, Snapdeal or PayTM? (The Rs. 25 lakh limit will not apply).
5. Are you an input service distributor?
6. Are you an aggregator of goods or services, which are ultimately sole under your brand name? (The Rs. 25 lakh limit will not apply).
7. Are you an e-commerce website? (The Rs. 25 lakh limit will not apply?)
8. Are you required to deduct TDS under GST?

CMA Poornima Madhava (CMA) (13097 Points)
Replied 27 May 2021

Since the lessor is a registered person, GST is obviously applicable on rent.

As of now, the lessee cannot avail ITC because it is yet to register under GST. Once registered, ITC can be availed.

POS is Delhi and hence intra-state supply attracting CGST & SGST

Harendra Kumar (Tax Advisor ) (1326 Points)
Replied 27 May 2021

In this regard, if you do not register with GST department then you did not eligible for availed input. Further, it stated that the owner is an individual or business entity if individual there is no need to charge GST instead of this if they are a business entity they charged GST under RCM and cannot avail ITC the same. Secondly, you can use your Delhi office as a lessoning office and all tax invoices should be in the name of UP units otherwise ITC issues shall be stand.