Goods and Services Tax – Started By: – Ethirajan Parthasarathy – Dated:- 20-11-2018 Last Replied Date:- 28-11-2018 – Due to litigation between landlord of commercial property & tenant, the rents were not received. Civil suit for eviction is likely to be filed.Is landlord liable to pay GST under the above circumstances.One view could be that the landlord has to pay GST atleast to the extent of rental deposit already received. Is this view correct. What will be the situation after fully setting off the rental deposit. – Reply By KASTURI SETHI – The Reply = This is an extract of FAQ dated 31.3.17Q4. What are the necessary elements that constitute supply under CGST/SGST Act?Ans. In order to constitute a supply , the following ele
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nant has neither vacated nor paying rent – Reply By KASTURI SETHI – The Reply = There is not an iota of doubt about leviability of GST on rental deposit. It is an advance. Dr.Govindarajan Sir has rightly opined. – Reply By YAGAY andSUN – The Reply = It will be treated as payments made in advance (i.e.deposits) and adjust accordingly. Hence liable for charging of GST. – Reply By Ganeshan Kalyani – The Reply = When the deposit was received it was not taxable as it was not for the service rendered or to be rendered. But when it is adjusted against the rent to be receivable but not received then it looses its identity as a deposit and it takes the name of rent. Hence, when the deposit is adjusted with the unrealisable rent it is subject to GST.
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