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Issue ID: 116560
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Exemption to a religious trust under GST

Date 22 Jul 2020
Replies 3 Replies
Views 1595 Views
Asked by
GST exemption for religious trusts does not cover commercial renting of residential flats; such rentals fall outside the precincts exemption.
Renting residential flats by a trust registered under section 12AA for use as professional/commercial premises is not eligible for the exemption under entry 13(b)(ii)/(b)(iii) of the GST rate notification, except for any threshold exemption; entry (b) pertains to renting precincts of a religious place meant for the general public and residential flats fall outside its scope. (AI Summary)

Our client is a religious trust registered under Section 12 AA of the Income Tax Act. It owns several residential flats.

Can a residential flat be rented out for commercial purpose (To professionals-CA/Doctors/Lawyers)? If yes, can exemption be claimed under Sl.No 13 of Notification 12/2017 Central Tax (Rate)? If yes, Is exemption available under b(ii) or b(iii) of the said Sl.No?

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