TaxTMI 
TaxTMI 
TaxTMI 
2020 (7) TMI 81
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....t of the following questions. 1. When there are four joints owners of a property and in turn the joint owners are liable for GST on the rent income that they are receiving on 'Leave and License', on the common Area Maintenance Charges charged, the co-operative society has to issue four separate invoice showing the respective ownership share ratio of the each owner and mentioning the GSTIN of each owner in the respective invoices in order to get input tax credit by each of the co-owner? 2. Is there any provision under the CGST Act, 2017 by which lumpsum CGST charged to the only one co-owner the credit of which can be transferred to the other co-owners? At the outset, we would like to make it clear that the provisions of both the CGST A....
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....nvoices on each co-owner, towards society maintenance charges for their respective share. However from June, 2019 onwards, the society has started issuing only one consolidate 'Tax Invoice' mentioning the name of the first co-owner viz. Rishabh Infrastructure Pvt. Ltd. and charging GST accordingly. 2.3 The question for determination is, whether the other three co owners are eligible for input tax credit when no CGST and SGST are charged to them, OR whether the society must raise a, separate 'Tax Invoice' to the respective co-owners in proportions to their respective ownership share ratio in order for the co-owners to be eligible for input tax credit, since there are no provisions under the CGST Act, 2017 under which credit can be availed b....
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....tions specified in subsection 2 of Section 97, in relation to the supply of goods or services or both being undertaken or proposed to be undertaken by the applicant. 5.3 Therefore, before we decide the question raised by the applicant in this application, it is essential that we first determine whether or not the questions raised, is in relation to supply of goods or services or both, being undertaken or proposed to be undertaken by the applicant. 5.4 The first question raised by the applicant is whether the co-operative society, in the present case has to issue four separate invoices to each of the four co-owners so that all of them can get proportionate input tax credit. 5.4.1 We find that the said question is raised on behalf of the c....