Case Title | Vaishnavi Splendour Homeworks Welfare Association |
Court | Karnataka AAAR |
Honorable Judges | Member D.P.Nagendra Kumar & Member M.S.Srikar |
Citation | 2020 (01) GSTPanacea 23 HC Karnataka KAR/AAAR/Appeal-10/2019-20 |
Judgement Date | 21-January-2020 |
Council for Petitioner | Vishnu Murthy |
Council for Respondent | NA |
Section | Section 98, 2(d) ,66B ,7 ,2(17) |
In Favour of | In Favour of Revenue |
The Karnataka Bench of Member D.P.Nagendra Kumar & Member M.S.Srikar has held that under GST, the supply of the service should necessarily be in the course of or furtherance of business and ‘business’ has been defined to include a club, association, society or any such body which provides facilities or benefits to its members for a subscription. The exemption as per the entry 77 of the Notf No 12/2017 CT (R) is available only when a member’s contribution per month is upto an amount of 7500/-. A member who contributes an amount which is more than 7500/-, will not be eligible for the exemption under entry No 77 and the entire contribution amount will be liable to be taxed.
FACTS OF THE CASE
The appellant is an association of apartment owners in the condominium known as “Vaishnavi Splendour”. The association has 88 members and each of them contribute towards the maintenance of common areas/ facilities, lightings in the common areas, water, etc. The contributions of each member work out to more than 7500 per month.
The appellant filed an application for Advance Ruling under section 98 of the CGST Act, 2017 and KGST Act,2017 on the following question:
(i) Whether the applicant is liable to pay CGST and SGST on the amount of contribution received from its members?
(ii) If yes, whether it can avail the benefit of Notification No 12/2017 CT(R) dt 28.06.2017 (SI.No. 77) read with Notification No 02/2018 dt 25.01.2018 which provide for exempting from tax, the value of supply upto an amount of ? 7500/- per month per member?
(iii) lf the answer to (ii) is ‘yes’, whether it is required to restrict its claim of input tax credit?
(iv) Whether the applicant is liable to pay CGST/SGST on amounts which it collects from its members for setting up a corpus fund?
The Karnataka Advance Ruling Authority vide Ruling No. KAR/ADRG 47/2019 dated 17 Sept 2019 = 2019 (11) TMI 155 – AUTHORITY FOR ADVANCE RULING, KARNATAKA, (hereinafter referred to as impugned order) gave a ruling on the above questions as follows:
- The applicant is liable to pay CGST and SGST on the amount of contribution received from its members as their activities amounts to taxable supply of service.
- The benefit of exemption under entry No. 77 of Notification No 12/2017 CT(R) dt 28.06.2017 (as amended by Notification No. 02/2018 dt 25.01.2018), is available to the applicant only if maintenance charges (contributions) do not exceed ? 7500/- per month per member. In case the charges exceed ? 7500/- per month per member, the entire amount is Taxable.
- The applicant is eligible to claim input tax credit on the inward supplies of goods and services and this is subject to the restrictions as enumerated in Section 17(2) of the CGST Act read with Rule 42 of the CGST Rules and other restrictions applicable if any.
- The applicant is not liable to pay CGST/SGST on amounts which it collects from its members for setting up a corpus fund.
Aggrieved by the ruling of the Authority on the issues at (i) and (ii) above, the appellant has filed an appeal under Section 100 of the CGST Act, 2017.
COURT HELD
Considering the facts as recorded, held that under GST, the supply of the service should necessarily be in the course of or furtherance of business and ‘business’ has been defined to include a club, association, society or any such body which provides facilities or benefits to its members for a subscription.
The exemption as per the entry 77 of the Notf No 12/2017 CT (R) is available only when a member’s contribution per month is upto an amount of 7500/-. A member who contributes an amount which is more than 7500/-, will not be eligible for the exemption under entry No 77 and the entire contribution amount will be liable to be taxed.
ANALYSIS OF THE JUDGEMENT
Bench have already held that there is a service rendered by the Appellant to its members. The contention of the Appellant is that contributions upto an amount of 7500/- per member per month are exempted from GST by virtue of the above entry and for contributions above 7500/- per member per month, the difference amount alone is liable to tax. This is not a correct interpretation of the Notification. The exemption as per the entry 77 is available only when a member’s contribution per month is upto an amount of 7500/-. A member who contributes an amount which is more than 7500/- will not be eligible for the exemption under entry No 77 and the entire contribution amount will be liable to be taxed.
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