Question

XYZ is a proprietor of an ENT Hospital. The income generated by the hospital along with the proprietor’s other income such as earning through Residential premises given on rent, capital gains, bank interest, FD interest, interest on loan given to a company, interest on PPF and dividend etc. 1) Can XYZ obtain GST Registration voluntarily, despite no statutory obligation? If yes, 2) will XYZ able to take credit of inputs / input services and later claim refund as there are no taxable outward supplies?

Answer

As per section 23 of CGST Act,
(1) The following persons shall not be liable to registration, namely:''

(a) any person engaged exclusively in the business of supplying goods or services or both that are not liable to tax or wholly exempt from tax under this Act or under the Integrated Goods and Services Tax Act
-------------------------------------------------------
Since you are exclusively engaged in supplying services which are wholly exempted from tax, you are not liable for registration irrespective of turnover limit.

You are suggested to please check whether you are providing any service without consideration as per Schedule I which is subjected to tax. In that case registration will be required.

However you can take registration voluntarily as per section 25 of CGST Act, but even then you are not eligible to claim credit of inputs / inputs services as section 17 vide sub section (2) restricts credit on exempt supplies as follows:

"Where the goods or services or both are used by the registered person partly for effecting taxable supplies including zero-rated supplies under this Act or under the Integrated Goods and Services Tax Act and partly for effecting exempt supplies under the said Acts, the amount of credit shall be restricted to so much of the input tax as is attributable to the said taxable supplies including zero-rated supplies."

Therefore in view of above if you are not eligible to claim ITC then question of claiming refund does not arises. (Reply dt.18/12/2018)