A.
Dear Client,
If there exists a clause in the rent agreement specifying that the agreement stands terminated for non-payment of rent by the tenant for consecutive months, then serving a legal notice to the tenant, you can file an eviction suit in the Civil Court against the tenant for a decree of eviction. Reach out to an Advocate for steps. As regards GST, it is noted that despite the non-receipt of rent from the tenant, you continue with the raising of GST invoices against the tenant for a long 9 months which may be a tough task to regularise once the monthly GSTR-1 returns are submitted to the authority. As per the GST Act, on raising the tax invoice, the supplier is required to disclose the sale in the monthly GSTR-1 filing and pay the GST tax payable to the Government, even if the customer has not made the payment on the invoice. However, when the customer of goods or services fails to make the payment on the invoice, the supplier can take the following steps to reverse the input tax credit enjoyed by the recipient without making payment. The supplier can take the following steps to reverse the input tax credit enjoyed by the recipient without making payment against the tax invoice. The supplier shall mention the details of invoices for which payment was not received along with GSTIN of the customer at the time of filing the GSTR-2 return required to be filed on or before the 15th of a month. The supplier/taxpayer shall file the GSTR-2 returns within 180 days from the date of issue of the invoice for reversal of input tax credit. Upon the filing of GSTR-2 returns, the amount of input tax credit availed by the customer is added to the output tax liability for the month as per the details furnished. The customer shall then be liable to pay the interest amount for the wrongly availed input tax credit from the period starting from the date of availing credit till the date when the amount is added to the output tax liability. You may visit the office of the GST Council or Commercial Tax office for more clarification to regularise the matter. You may consult with a Tax Consultant for guidance and steps to resolve the issue in the right way.
Posted On 11-May-2024
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