ABC Ltd. has its manufacturing unit in the State of Rajasthan. Further, it has ancillary units in the State of Madhya Pradesh and Gujarat and is…

CA Intermediate · Taxation · RTP · May 2024
ABC Ltd. has its manufacturing unit in the State of Rajasthan. Further, it has ancillary units in the State of Madhya Pradesh and Gujarat and is registered in each of these States. Moreover, ABC Ltd. owns and operates a hotel in Udaipur, Rajasthan. In addition to the aforesaid, ABC Ltd. owns a commercial space which is rented out to a registered person at the monthly rent of 50,000. The maintenance of the premises is the responsibility of ABC Ltd. In pursuance of the same, during the month of April, ABC Ltd. incurred certain expenses on the purchase of maintenance related materials. The said expenses are recoverable from the tenant alongwith the invoice issued for rent. The rate of tax applicable on the material used for maintenance was 5%. During the year, ABC Ltd. agreed to provide the hotel to Mr. X for a business conference to be held at Udaipur. Mr. X is an unregistered person residing in Maharashtra. ABC Ltd. made a supply of machinery in the month of June, details of which are as follows- Basic price of the machinery before TCS under Income Tax Act, 1961-45,000Tax collected at source under Income-tax Act, 1961 - 2,500It received a subsidy of 3,500 from Green Foundation Pvt. Ltd. for usage of green energy and the subsidy was linked to the units of energy saved and not aforesaid machinery. In addition to the aforesaid transactions, ABC Ltd. spent an amount of 5 lakh on the procurement of certain goods which were distributed as part of the corporate social responsibility [CSR] expenditure required under the provisions of the Companies Act, 2013. During the scrutiny proceedings in the State of Gujarat, jurisdictional GST officer asked ABC Ltd to submit the copy of audited financial statements for Gujarat and was of the view that ABC Ltd. is required to get his accounts audited by a Chartered Accountant separately under GST Law for filing annual return and reconciliation statement in each State. All above amounts are exclusive of GST, wherever applicable. The rate of GST on all inward and outward supplies is 18%, unless otherwise mentioned. Assume that there is no other outward or inward transaction apart from aforesaid transactions. Based on the facts of the case scenario given above, choose the most appropriate answer to Q. Nos. 1 to 5 below:-
(A) The rate of GST on rent and maintenance material related recovery shall be 18%.
(B) The rate of GST on rent shall be 18% and, on the material, shall be 5%.
(C) No GST shall be charged on the recovery related to material used in maintenance. Rate of GST on rent shall be 18%.
(D) The rate of GST on rent and maintenance material related recovery shall be 5%.

Suggested Answer and Working Notes:

Correct Answer: Option (A)

The rate of GST on rent and maintenance material related recovery shall be 18%.

Topics: Paper 3B: Goods and Services Tax, Paper 3A: Income Tax Laws

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