Case Law Details
Case Name : In re Elambrancheri Khaldoon (GST AAR Kerala)
Related Assessment Year :
Courts :
AAR Kerala Advance Rulings
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In re Elambrancheri Khaldoon (GST AAR Kerala)
i) Small business exemption provided u/s 22 of GST Act is eligible to co-owners separately in the case of jointly owned property, where the rent is collected together but divided equally and transferred to the respective co-owners. ii) Engaging a co-owner to collect and distributing rent among all the owners for administrative convenience has no implication on the business exemption u/s 22 of the GST Act for individual co-owners.
FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, KERALA
The petitioner is one of the co-owners of a jointly owned immo...
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The situation also does not cover in case of co-owners have definate shares but unequal shares. Say A has 50% B,C,D, E have 12.5% share. Suppose 60 lakh rent is received in joint account then what is impication ? A has exceeded 20 lakhs limit but the others have not . Whether total of all 5 have to be considered for limit ? Since one rent receipt is received how do you pay GST if A is liable ?
The author wold have discussed a situation where one of the co-owner is having rental income exceeding Rs20Lakhs and to charge GST from the tenant only on his portion for better clarity to the readers.