Rajasthan Housing Board illegal Charge GST on residential property
But as per GST Act Entry no. 13 of exemption Notification no. 9/2017 (IGST) dated 28.06.2017 exempts the services by way of renting of residential dwelling for use as a residence from GST meaning thereby that if the residential dwelling when leased out for residential purposes is not taxed under GST but when it is leased for commercial purposes then no exemption will apply and the rental from such residential property shall be taxable under GST.
RBH allotted residential house under MIG A scheme for residential purpose and clearly mention in lease deed only use for residential purpose but RHB collect GST from all residential house annual lease which which allotted for 99 year and used for residential purpose.
I received a clerification from cbicmitra.helpdesk@icegate.gov.in on this regard through email dated 4th Sep. 2019 at 8.32 am and they have clarify "residential house annual lease which used for residential purpose under HSN code 9972 is nill under GST for more clarification go throuth the notification number- 9/2017 (IGST) dated 28.06.2017".
But RHB Authority does not accept and charge GST regularly,
Copy of such clarification received attached for your kind record.
Thanks and Regards
Ashish Gupta
9529761702
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