The said activities is not under RCM basis in current scenario...
Based on Landlord view...
The Rental income Exceeding 20lakhs (Include any other business income) from Commercial Property or Commercial Activities for Residential Property then The Landlord will be register under GST and Charge GST on his Service..
As per Serial Number 5A of Notification Number 13/2017 - Central Tax ( Rate ) dated 28th June 2017,
"Services provided by 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" - is TAXABLE under GST and the Liability to pay Tax is on RCM i.e. the RECIPIENT OF SERVICE will pay GST on behalf of Government...
Renting of immovable property provided by govt is an exception to the provisions of RCM for the services provided by govt right? Then govt is liable to pay tax?
no you can't say that it is exempted. because there is no such thing in exemption list or any where. and there is no mention about that in RCM. so with literal interpretation one can say that it is taxable under forward charge
services provided by govt is taxable under RCM excluding (1)renting of immovable property (2) (i)services by department of posts, speed post, express parcel post, etc to other than govt (ii) services in relation to an aircraft or a vessel (iii)transport of goods or passengers
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