Background:
The GST Council’s 48th meeting was held in Delhi on December 17, 2022 under the chairmanship of the Union Finance & Corporate Affairs Minister Smt. Nirmala Sitharaman. The GST Council has inter-alia made the recommended that no GST is payable where the residential dwelling is rented to a registered person if it is rented it in his/her personal capacity for use as his/her own residence and on his own account and not on account of his business.
The above-mentioned recommendation has been notified vide following notification:
Notification:
The CBIC vide Notification No. 15/2022-Central Tax (Rate), dated December 30, 2022 has issued amendments in Notification No. 12/2017-Central Tax (Rate), dated June 28, 2017 (“the Services Exemption Notification”) in order to align with recommendations of the 48th GST Council Meeting held on December 17, 2022, w.e.f. January 01, 2023, in a following manner:
|
Sl. No. |
Chapter, Section, Heading, Group or Service Code (Tariff) |
Description of Services |
Description of supply of Goods (Revised) |
Rate (per cent.) |
Condition |
|
12 |
Heading 9963 or Heading 9972 |
Services by way of renting of residential dwelling for use as residence except where the residential dwelling is rented to a registered person. | Services by way of renting of residential dwelling for use as residence except where the residential dwelling is rented to a registered person.
Explanation. – For the purpose of exemption under this entry, this entry shall cover services by way of renting of residential dwelling to a registered person where, – (i) the registered person is proprietor of a proprietorship concern and rents the residential dwelling in his personal capacity for use as his own residence; and (ii) such renting is on his own account and not that of the proprietorship concern |
Nil |
Nil |
|
23A |
Heading 9967 |
Service by way of access to a road or a bridge on payment of annuity |
Service by way of access to a road or a bridge on payment of annuity |
Nil |
Nil |
A similar notification has been passed under the Integrated Goods and Services Tax Act, 2017 (“the IGST Act”) and the Union Territory Goods and Services Tax Act, 2017 (“the UTGST Act”).
CGST (Rate) Notification: https://taxinformation.cbic.gov.in/view-pdf/1009595/ENG/Notifications
IGST (Rate) Notification: https://taxinformation.cbic.gov.in/view-pdf/1009599/ENG/Notifications
UTGST (Rate) Notification: https://taxinformation.cbic.gov.in/view-pdf/1009603/ENG/Notifications
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