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The applicant is eligible to take credit of the CGST & SGST charged for real estate brokerage services for renting of property on a fee basis rendered by Catalyst Consulting, subject to the conditions as per Section 16, 17 and 18 of CGST & SGST Act.

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Input Tax Credit — Authority for Advance Ruling — Input Tax Credit – The applicant is engaged in the business of letting out property and is in receipt of rental income. They have let out one of the properties and this letting out has been arranged by a property consultant, who is registered under GST. They have raised their bill for their services to the applicant. The applicant has requested to clarify if input tax credit can be availed on the brokerage fees paid to the property consultant. They have stated that the tax paid by them on brokerage charges falls under “input tax” under section 2(62) of the Act and is not covered under any restrictions under Section 17 (5) (c) or (d) and hence are eligible to take input tax credit. They have preferred an application seeking Advance Ruling as to whether they are eligible to take Input Tax Credit of the CGST & SGST paid in respect of brokerage services and adjust the same against output tax payable against Renting of immovable property.
Held that:- The Hon’ble Authority for Advance Ruling held that the applicant is eligible to take credit of the CGST & SGST paid for real estate brokerage services for renting of property on a fee basis, subject to the conditions as per Section16, 17 and 18 of CGST & SGST Act.Adwitya Spaces Private Limited [2018] 4 TAXLOK.COM 033 (AAR-Tamil Nadu)

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