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GST applicability on Rental Income & brief Introduction of Assessments under the Income Tax Act, 1961

Arjuna – Krishna, I have a villa in Maharashtra which is owned by my company and we frequently rented out it to persons in India as well as to foreign nationals. I wanted to know from you about GST applicability if any?

Krishna – Hey Arjuna. You please note down the points in this regards so that once our conversation is over you would able to go through the same and take proper decision based on those points.

  • When consideration received as Rent for renting out villa for a day or week or month then it would covered under the definition of supply of services as per Schedule –II of the CGST Act, 2017.
  • If aggregate Turnover (TO) of supply of other goods or services exceeds Rs.20 lakhs in a financial year, then such person or company shall mandatorily require to apply for GST Registration.
  • In 1st year of registration, transactions after exceeding Rs.20 lakhs would be taxable. All earlier transactions are not taxable.
  • For Place of Supply (POS) we must refer IGST Act, 2017. Service provided by way of grant of rights to use immovable property, the POS of such services shall be the location of such immovable property, as provided u/s 12 (3) of the IGST Act, 2017.
  • Even if above services provided to a person coming from abroad, POS of such services shall be the location of such immovable property as provided u/s 13(4) of the IGST Act, 2017.
  • Applicable rate of GST would be 18%.

GST on Rental Income & different types of income tax assessments

Arjuna, I think you would now have better understanding of the relevant GST provisions which would enable you to take right decision.

Arjuna – Yes of course Krishna. Now can you please enlighten me on the different types of Assessments under the Income Tax Act, 1961?

Krishna – Sure Arjuna. I will brief you on that and for your easy of understanding I will provide the information in tabulate form.

Sr. No. Section Number Type of Assessment Description
1 143(1) Summary Assessment
  • Summary assessment is an assessment without calling the assessee
  • Assessment based on the Return filed
  • This is a preliminary assessment
  • No detailed scrutiny
  • To check arithmetical errors, incorrect claims
2 143(3) Scrutiny Assessment
  • This is a detailed assessment
  • Detailed scrutiny of Return of Income filed
  • To carry out assessment, Assessing Officer shall serve notice u/s 143(2) to an assessee
  • The officer may request for any information, documents and or books of accounts for examination
3 144 Best judgement Assessment
  • This is an assessment which is carried out as per the best judgement of the Assessing Officer
  • Carried out if an assessee fails to comply with requirements specified u/s 144 – such as

a) Assessee doesn’t file an Return of Income

b) Assessee doesn’t respond to the Notice received from the Income Tax Department

c) Fails to comply with a special audit

4 147 Reassessment
  • This can be conducted by an Assessing Officer if an Assessing officer believes that any taxable income has escaped assessment
  • Notice u/s 148 need to be issued to carry out the Reassessment
  • Few Circumstances which triggered the Reassessment are

a) The Assessee has taxable income but has not filed the Return of Income

b) After filing the Return of Income, if it us found that an Assessee either understated the income or claimed excessive deductions or allowances

c) Assessee failed to furnish information relating to international transactions

Arjuna, I think now you would have better understanding about the types of assessments under the Income Tax Act, 1961.

Arjuna – Yes of course Krishna. Thank you so much.

*****

You can reach to me at rohanrp1983@gmail.com

Author Bio

I am a Practicing Chartered Accountant. Partner at Motilal & Associates LLP. Professionally engaged in Direct and Indirect Taxation, Audit and also an Author, Poet, Cartoonist, Caricaturist, you tuber. I authored books named - Have a Wonderful Day, Living is an Art, 40 Rules to become an Achieve View Full Profile

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