Agricultural warehousing exemption does not cover godown rent, which remains taxable under applicable GST charge mechanisms.
Exemption for storage and warehousing of agricultural produce applies only to the outward warehousing service, not to the distinct inward supply of renting non-residential godowns. Godown rent therefore remains taxable as a real estate service even where the premises are used exclusively for exempt agricultural-produce warehousing. Rent charged by registered suppliers is subject to forward charge. From 10 October 2024, renting of non-residential property supplied by an unregistered person is subject to reverse charge for a registered recipient. The applicable rate for such renting is 18%, comprising CGST and SGST in equal shares.
Issues: (i) Whether GST is applicable to rent paid for hired godowns used exclusively for storage and warehousing of raw agricultural produce; (ii) Whether GST on such rent is payable under the Reverse Charge Mechanism or the Forward Charge Mechanism; (iii) What GST rate applies to the renting of such godowns.
Issue (i): Whether GST is applicable to rent paid for hired godowns used exclusively for storage and warehousing of raw agricultural produce.
Analysis: Renting of godowns for consideration and the subsequent provision of storage and warehousing services are separate supplies. Although storage or warehousing of agricultural produce is exempt under Entry No. 54(e) of Notification No. 12/2017-Central Tax (Rate), the exemption applies to the outward warehousing service and does not extend to the independent inward supply of renting non-residential godowns. Such renting is a taxable supply of real estate services.
Conclusion: GST is applicable on rent paid for hired godowns notwithstanding their exclusive use for exempt agricultural-produce warehousing, against the assessee.
Issue (ii): Whether GST on such rent is payable under the Reverse Charge Mechanism or the Forward Charge Mechanism.
Analysis: Renting of non-residential godowns by registered suppliers is taxable under forward charge. Entry No. 5AB of Notification No. 13/2017-Central Tax (Rate), as amended, requires a registered recipient to pay tax under reverse charge where the non-residential property is rented by an unregistered supplier; the entry applies from 10.10.2024.
Conclusion: Rent paid to unregistered persons for hired godowns from 10.10.2024 is taxable under reverse charge; rent charged by registered persons is taxable under forward charge, against the assessee.
Issue (iii): What GST rate applies to the renting of such godowns.
Analysis: Renting or leasing of non-residential property falls within real estate services under Entry No. 16(iii) of Notification No. 11/2017-Central Tax (Rate).
Conclusion: GST is payable at 18%, comprising 9% CGST and 9% SGST, against the assessee.
Final Conclusion: The exemption available to storage and warehousing of agricultural produce does not alter the taxability of the distinct supply of renting hired godowns.
Ratio Decidendi: Exemption of an outward supply does not exempt a separate inward supply; each supply must be classified and taxed independently under the applicable GST notification.