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TMI BlogGST Update on "Society Charges" collected by builderX X X X Extracts X X X X X X X X Extracts X X X X ..... GST Update on "Society Charges" collected by builder X X X X Extracts X X X X X X X X Extracts X X X X ..... orne out of this account. Once the society is formed, this account is being transferred to the society. This issue has been under litigation in service tax regime. In our earlier update, we had opined in the same case that since no consideration is involved and builder is merely acting as a collector of amount which is subsequently transferred to society, no tax shall be payable on the same in GS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T regime. However, on twitter government released FAQs yesterday wherein this issue had been answered as follows:- Q: Our society's developer is charging GST on maintenance bills which is less than ₹ 2000/M. Is it applicable? A: Yes. According to this FAQ, GST is applicable even if the builder or developer collects the maintenance charges as benefactor for the society, however, no reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or any legal backing has been provided alongwith this. Earlier in service tax regime, this issue was under litigation for a number of times wherein it was held there is no need to pay the tax on these society charges collected by builder on behalf of society. Some of such decisions are cited as follows:- * KUMAR BEHERAY RATHI Versus COMMISSIONER OF CENTRAL EXCISE, PUNE-III [ 2013 (12) TMI 269 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CESTAT MUMBAI ] * Omega Associates Vs CST [ 2013 (11) TMI 1068 - CESTAT MUMBAI ] As the FAQ answer as discussed above is against the ratio laid down in these decisions; it is going to ignite the issue again. However, it is worthwhile to mention here that since the FAQs don't have legal backing and also it does not discuss any reason of answer, it cannot be considered as a strong evidence t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o support the case of department. However, it will definitely give new heights to the litigation already prevailing on this issue.
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