ADVANCE RULING NO.: GUJ/GAAR/R/2020/10

 Facts of the case

• The Applicant has submitted that he is an individual having not engaged in any business. His receipts are only from savings, personal loans and advances and deposits, which are reflected in the Income Tax Returns.

• The applicant has submitted his estimated receipts for the F.Y. 2018-19 is sum of Rs.20,12,000, it includes:

Rent receipts: Rs.9,84,000,

Bank interest: Rs.3,000,

Interest on PPF deposit:Rs.2,76,000 and

Interest on Personal Loans and Advances: Rs.7,49,000.

• The Applicant submitted that their interpretation of law is that if interest is received on loans and advances, deposits and savings Bank account by an individual person, who is not engaged in any such business and who is not a money lender, then such Interest Receipts is not a Supply and does not attracts GST, as the same is neither “In the course of Business” nor “In the furtherance of Business”.

• Applicant further submitted that the receipts from personal loans and advances, deposits and Bank Interest are not covered under “Business”.

• Applicant further submitted that for the purpose of calculating the threshold limit of Rs.20.00 Lakh for obtaining registration under GST law, such interest receipts are not required to be aggregated.

Questions on which advance ruling sought:

• Whether Interest received in form of PPF would be considered for the purpose of calculating the threshold limit of Rs.20.00 Lakh for registration under GST Law? 
• Whether Interest received on Personal Loans and Advanced to family/friends would be considered for the purpose of calculating the threshold limit of Rs.20.00 Lakh for registration under GST Law? 
• 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?

 R U L I N G:

• 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 services 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 Page 5 of 5 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.

• 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 immovable property” for the purpose of calculating the threshold limit of Rs.20.00 Lakh for obtaining registration under GST law.

http://gstcouncil.gov.in/sites/default/files/ruling-new/GUJ_AAR_10_2020_19.04.2020_SSMR.pdf