Regarding to applicability of Gst and availment of ITC

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 ..?
Replies (5)
Quick Summary
This discussion clarifies GST applicability on office rent in Delhi for a newly registered UP-based Pvt Ltd company that hasn't registered in Delhi. It explains that GST (CGST & SGST) is applicable on the rent since the supplier is registered and the supply is intra-state (Delhi). However, the company cannot claim Input Tax Credit (ITC) on this rent until it obtains GST registration in Delhi. The advice also touches upon the importance of correct invoicing and potential registration requirements based on business activities.

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

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?

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

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.         

 

GST is applicable on rent

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 24 August 2026
Article Assistant

M/s.S.G.Salecha & Co.

Mumbai

CA Inter

View Details
Company
25 August 2026
Senior Accountant

MG Associates

New Delhi

CA Inter

View Details
Company
04 September 2026
CA inter Or ca finalist

A Jaiswal and company

Lucknow

CA Final

View Details
Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
14 August 2026
Article Assistant CA Articleship

Eshwar & Co Chartered Accountants - Nungambakkam

Chennai

CA Inter

View Details
Company
09 September 2026
SENIOR AUDITOR & ACCOUNTS MANAGER

Anupam Parashar & Co.

Ghaziabad

CA Final

View Details
Company
ARTICLESHIP 24 August 2026
Chartered Accountant Articles

Rohit KC Jain & Co

New Delhi

CA Inter

View Details
Company
Featured 19 August 2026
Chartered Accountant

apricus india

Pune

CA

View Details