Meenakshi, Executive Director of M/s CTC Private Limited provided the following services and supplies to the company during the financial year ending 31.03.2024: (ii) A 3 BHK Flat provided on rent @ ₹ 75,000 per month to

CS Professional · Goods and Services Tax (GST) and Corporate Tax Planning · PYQS · June 2024
Meenakshi, Executive Director of M/s CTC Private Limited provided the following services and supplies to the company during the financial year ending 31.03.2024: (ii) A 3 BHK Flat provided on rent @ ₹ 75,000 per month to be used by the company as a guest house. The company has approached CS Laxman, Legal advisor of the company to advise on the applicability of Forward or Reverse Charge in the above cases. Elucidate.

Answer & Explanation:

As per recent clarification issued by GST Department for the Entry 6 of Notification No. 13/2017-CTR (Sl. No. 6) dated 28.06.2017 via Circular No. 201/13/2023-GST, GSTN has stated that services supplied by a director of a company or body corporate to the company or body corporate in his private or personal capacity such as services supplied by way of renting of immovable property to the company or body corporate are not taxable under RCM. Only those services supplied by director of company or body corporate, which are supplied by him as or in the capacity of director of that company or body corporate shall be taxable under RCM in the hands of the company or body corporate under notification No. 13/2017-CTR (Sl. No. 6) dated 28.06.2017. Here it is also to be mentioned that as per Notification No. 04/2022-Central Tax (Rate) dated 13th July 2022 amending Notification No 11/2017- Central Tax (Rate) dated 28.06.2017 - Serial No. 12, Exemption for Services by way of renting of dwelling for use as a residence will now be available except where the dwelling is rented to a registered person w.e.f. 18.07.2022. Consequently, amendment was also made to Notification No. 13/2017 by inserting Entry 5AA "Service by way of renting of residential dwelling to a registered person". So, the company will need to pay tax under reverse charge as per Entry 5AA instead of Entry 6 of this notification amendment.

Topics: Goods and Services Tax (GST)

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