Page 120 - GSTL_16th July 2020_Vol. 38_Part 3
P. 120

358                           GST LAW TIMES                      [ Vol. 38
                                     28(a) of the Notification No. 9/2017 relates to services by way of extending deposits,
                                     loans or advances in so far as the consideration is represented by way of interest.
                                            13.5  The services regarding interest income are covered under  the
                                     above Notification. Therefore, such services are exempted from payment of GST
                                     and the individual is not required to discharge GST on the activity of providing ser-
                                     vices by way of extending deposits, loans or advances where the consideration is repre-
                                     sented by way of interest. Therefore, in given case GST is not leviable on Interest
                                     Income earned by the Applicant.
                                            14.  From the above, it is revealed that the applicant is  an individual
                                     with an annual turnover of more than Rs. 20 Lakh. Since this income is interest-
                                     related, the turnover is exempt from GST. However, the Applicant also supplies
                                     services of “Renting of immovable property” along with activity of providing ser-
                                     vices by way of extending deposits, loans or advances where the consideration is
                                     represented  by way of  interest. His turnover from  the rent income is  Rs. 9.84
                                     Lakh and we know that this transaction (“Renting of immovable property”] is
                                     chargeable to GST. However, his taxable turnover is only Rs. 9.84 Lakh. Going by
                                     the definition of “aggregate turnover”, the Applicant is required to consider the
                                     value of both the taxable supply i.e. “Renting of immovable property” and exempted
                                     supply of service provided by way of extending deposits, loans or advances for
                                     which they earned interest income, to arrive at “Aggregate Turnover” to determine
                                     the threshold limit for the purpose of obtaining registration under the GST Act.
                                            15.  In view of the above, we conclude that the Applicant is required to
                                     aggregate the value of exempted interest income earned by way of  extending
                                     deposits  in  PPF & Bank Saving accounts and loans  and  advances given to his
                                     family/friends along with the value of the taxable supply i.e. “Renting of immova-
                                     ble property” for the purpose of calculating the threshold limit of Rs. 20.00 Lakh
                                     for obtaining registration under GST law.
                                            16.  In light of the foregoing, we rule as under -
                                                                     RULING
                                             Ques. 1 :  Whether Interest received in  form of  PPF would be consid-
                                                      ered for  the  purpose of calculating  the threshold limit of
                                                      Rs. 20.00 Lakh for registration under GST Law?
                                             Answer :  Answered in the Affirmative, as discussed above.
                                             Ques. 2 :  Whether Interest received on  Personal Loans and Advanced to
                                                      family/friends would be considered for the purpose of calculat-
                                                      ing the threshold limit of Rs. 20.00 Lakh for registration under
                                                      GST Law?
                                             Answer :  Answered in the Affirmative, as discussed above.
                                             Ques. 3 :  Whether Interest received on  Saving Bank Account would  be
                                                      considered for the purpose of calculating the threshold limit
                                                      of Rs. 20.00 Lakh for registration under GST Law?
                                             Answer :  Answered in the Affirmative, as discussed above.

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