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Notification No. 03/2018 – UTGST Explained

by Shakshi Bharti | Apr 15, 2024 | GST, 2018 Notifications, Notifications, Union Territory Tax (Rate) 2018 Notifications | 0 comments

Important Keyword: Notification 03/2018 UTGST, GST on government rent RCM India, UTGST renting immovable property RCM, Government property GST reverse charge India, Notification 13/2017 amendment UTGST, Municipal property GST India, GST RCM compliance India,

Words: 814 Read time: 5 minutes.

[F. No. 354/13/2018- TRU]
Government of India
Ministry of Finance
(Department of Revenue)

New Delhi, the 25th January, 2018

Notification No. 03/2018 - Union Territory Tax (Rate): Seeks to amend notification No. 13/2017- Central Tax (Rate) so as to specify services supplied by the Central Government, State Government, Union territory or local authority by way of renting of immovable property to a registered person under CGST Act, 2017 to be taxed under Reverse Charge Mechanism (RCM).

GST: [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GSR......(E).- In exercise of the powers conferred by sub-section (3) of section 7 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.13/2017- Union Territory Tax (Rate), dated the 28thJune, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 704(E), dated the 28thJune, 2017, namely:-

In the said notification,-

  • in the Table, after serial number 5 and the entries relating thereto, the following serial number and the entries relating thereto shall be inserted, namely: -
(1)(2)(3)(4)
“5AServices supplied by the Central Government, State Government, Union territory or local authority by way of renting of immovable property to a person registered under the Central Goods and Services Tax Act, 2017 (12 of 2017).Central Government, State Government, Union territory or local authorityAny person registered under the Central Goods and Services Tax Act, 2017 read with clause (vi) of section 21 of Union Territory Goods and Services Act, 2017”;
  • in the Explanation, after clause (e), the following clause shall be inserted, namely: -

‘(f) “insurance agent” shall have the same meaning as assigned to it in clause (10) of section 2 of the Insurance Act, 1938 (4 of 1938).’.

(Ruchi Bisht)
Under Secretary to the
Government of India

Note: -The principal notification was published in the Gazette of India, Extraordinary, vide notification No. 13/2017 - Union Territory Tax (Rate), dated the 28th June, 2017, vide number

G.S.R. 704 (E), dated the 28thJune, 2017 and was last amended by notification No. 33/2017 - Union Territory Tax (Rate), dated the 13th October, 2017 vide number G.S.R. 1281 (E), dated the 13th October, 2017.


📚 Frequently Asked Questions (FAQs): Notification No. 03/2018 – Union Territory Tax (Rate)

Q1: What is Notification No. 03/2018 - Union Territory Tax (Rate)?

Answer:
It brings renting of immovable property by Government to registered persons under Reverse Charge Mechanism 3.

Q2: Who pays GST under this notification?

Answer:
The registered recipient (tenant) pays GST under RCM.

Q3: Does this apply to unregistered persons?

Answer:
No, applies only when recipient is registered under GST.

Q4: What is Serial No. 5A?

Answer:
New entry inserted specifying Government property rent under RCM 3.

Q5: Is GST registration mandatory if renting from Government?

Answer:
Yes, if turnover exceeds threshold or RCM liability applies.
👉 Get GST registration support:
https://finodha.in/online-gst-registration/

Q6: Can ITC be claimed on RCM tax paid?

Answer:
Yes, if used for business purposes and ITC conditions satisfied.

Q7: Does this apply to residential property?

Answer:
Primarily applies to commercial renting to registered persons.

Q8: Is advance payment covered?

Answer:
GST under RCM applies as per time of supply rules.

Q9: Does Government issue GST invoice?

Answer:
No, recipient must issue self-invoice under RCM.

Q10: How to report this in GST return?

Answer:
Report under RCM section in GSTR-3B and reflect in GSTR-1 accordingly.
👉 File returns accurately:
https://finodha.in/gst-return-filing/

Q11: Is this still applicable today?

Answer:
Yes, RCM on Government renting continues unless modified.

Q12: Does this impact Income Tax?

Answer:
No, purely GST-related.
Need ITR filing help?
👉 https://finodha.in/income-tax-return-filing-online/

Q13: Does it apply to local authorities like Municipal Corporations?

Answer:
Yes, local authorities are covered 3.

Q14: What if GST not paid under RCM?

Answer:
Interest and penalty may apply.

Q15: Where can I read official notification?

Answer:
Refer to Gazette Notification No. 3/2018-UT Tax (Rate) dated 25 January 2018


Download PDF: Notification No. 03/2018 – Union Territory Tax (Rate)


More Information: https://taxinformation.cbic.gov.in/

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