Page 69 - CA Final GST
P. 69

Badlani Classes




                             (ii)  Renting of religious place by specified entitles-Exempt (Entry 13) : Services by a
                                 person by way of renting of precincts of a religious place meant for general public,
                                 owned or managed by-
                                 (a)  an entity registered as a charitable or religious trust u/s 12AA of the Income-tax
                                     Act, 1961; or
                                 (b)  a trust or an institution registered u/s 10(23C)(v) of the Income-Tax Act; or
                                 (c)  a body or an authority covered u/s 10(23BBA) of the said Income-tax Act.

                                 However, nothing contained of this exemption shall apply to,-
                                 (i)  renting of rooms where charges are `1,000 or more per day;
                                 (ii)  renting of premises, community halls, kalian mandapam or open area, and the
                                     like where charges are `10,000 or more per day:
                                 (iii) renting of shops or other spaces for business or commerce where charges are
                                     `10,000 or more per month.

                             (iii) Long term lease of industrial plots-Exempt (Entry 41) : Upfront amount (called as
                                 premium, salami, cost, price, development charges or by any other name) payable in
                                 respect of service by way of granting of long term  lease of 30 years, or more of
                                 industrial  plots  or  plots  for  development  of  infrastructure  for  financial  business,
                                 provided  by  the  State  Government  Industrial  Development    Corporations  or
                                 Undertakings  or  by  any  other  entity  having  50%  or  more  ownership  of  Central
                                 Government,  State  Government,  Union  territory  to  the  industrial  units  or  the
                                 developers in any industrial or financial business area.
                             Property taxes shall form Part of Value All taxes, except GST shall form part of value.
                             Hence, property taxes shall form the part of the value.
                 Que.        Mr. Shyam is an owner of various properties and furnishes following information.
                             Determine taxable value (all sums are exclusive of GST, if any):
                             1-  Renting of commercial property : `20 lakhs (includes property tax `1 lakhs)
                                 (interest/fine of `10,000 was paid):
                             2-  Licensing of building with facilities like parking, lift, AC, furniture, etc,: `4 lakhs;
                             3-  Rent earned from an inn: `2 lakh (declared tariff per day `900);
                             4-  Rent earned from another inn: `2 lakh (`800 per day x 250 days)(declared tariff per
                                 day was `1000)
                             5-  Renting of residential dwelling for use as residence : `4 lakh;
                             6-  Renting of non-residential building for use as residence : `5 lakhs;
                             7-  Renting of residential dwelling for commercial purposes: `6 lakh;
                             8-  Renting of building located at Jammu and Kashmir : `2 lakh;
                             9-  Renting of vacant land for agricultural purposes: `3 lakh;
                             10-  Renting of land for circus: `4 lakh;
                             11-  Permitting placement of vending machines at premises: `1 lakh
                             Allowing mobile tower to be placed at rooftop : `4 lakh.
                 Ans.                                 Computation of taxable value
                              (1)  Renting of commercial properties [property tax would form   20,00,000
                                  part of value]
                              (2)  Licensing arrangement with various facilities: Principal Supply  4,00,000      Page68
                                  is renting of immovable property- Entirely Taxable



                                   Central Goods & Services Tax Act, 2017
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