Example
There are two floors in the house out of which ground floor is
given on rent for commercial purpose and first floor is given on rent for
residential use. Such renting for two different purposes are definitely not
naturally bundled in the ordinary course of the business. How to deal with this
situation in GST if:
Separate rent deed is executed?
Single rent deed is executed?
Answer
If the separate rent deed is made for renting of first and second
floor. There is no complexity.
As the renting for residential use is covered under exemption
list under GST and hence no GST on the same is payable, but the one rented for
commercial purpose attracts GST liability.
But if single rent deed is executed then it will be treated as
mixed supply as defined under section 2(74). As there is no principal supply,
therefore, according to Section 8(b) it will be treated as a service comprising
entirely of such service which attracts highest liability of tax. Since the
renting for commercial use attracts tax liability and the other supply in mixed
supply is exempt from tax so the entire bundle would be treated as renting of
commercial property and taxed accordingly.