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Issue ID: 116003
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GST on - Commercial Rent from State Government run Regulatory Sales Outlet

Date 10 Feb 2020
Replies3 Replies
Views 1304 Views
GST on commercial rent: tenancy to a state regulatory outlet is taxable when outside municipal constitutional scope.
The rent receipts from letting premises to a State run regulatory sales outlet are treated as taxable under GST with no exemption available; although a notification exempts certain services provided to government, that exemption applies only where the service falls within the constitutional municipal type scope, which the respondent considers not to apply to this tenancy, rendering the supply taxable. (AI Summary)

Dear Experts,

We receives commercial rent for let-out building to "Tamilnadu State run Regulatory Sales Outlet" - ("ஒழுங்குமுறை விற்பனைகூடம்)".

Kindly let us know whether GST applicable on this rent receipts.

Thanks & Regards: G. VENUGOPAL

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Replied on Feb 11, 2020
1.

No exemption is available. GST @18% (9% +9%) is applicable.

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Replied on Feb 12, 2020
2.

Pure services provided to any Govt. Central or State are exempted vide Notification No.12/17-CT(Rate) dated 28.6.17 as amended (serial no.3) but your service is out of purview of Article 243 G and 243 W of Constitution of India. Hence taxable.

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Replied on Feb 12, 2020
3.

Dear Sethi Ji,

Thanks a lot for your valuable and brief explanations with Notification references.

Thanks & Regards: G. VENUGOPAL

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