10 April 2020
One Charitable trust running Goshala sales milk worth Rs 40 lakhs + Ghee Worth Rs 10 Lakhs during the year , whether it required to get GST Registration number ?? sales of milk and ghee are not business of the trust but as it runs goshala so generation of milk is natural
10 April 2020
The term "business" has got wider meaning. By considering the definition given under the Act, the transactions mentioned in question will treat as business. But, any person engaged exclusively in the business of supply of goods or services wholly exempt from tax are not liable to get registered.
Milk is "exempt supply" , But ghee (Desi ghee) classified as "puja Samagri" is only exempted. If the "Ghee" in question is salable under this head, registration need not be taken. Otherwise, benefit of "exclusively" will lose and will need to get registered under this Act.
11 April 2020
Since, the aggregate turnover of the trust exceeds Rs. 40 Lakh ( threshold w.e.f. 01.04.2019), the trust has to obtain registration and charge GST on supply of Ghee. The supply of milk and Ghee by trust is covered under the definition of Business
11 April 2020
Yes... I agreed to Mr CA Suresh Jain view.,
As per GST then "AGGREGATE TURN OVER" of trust is exceeds Rs. 40 lakhs. GST registration applicable / required to Trust.
You need to obtain the GST registration as you do qualify the definition of 'aggregate turnover' given under section 2(6) of the CGST Act, 2017. As milk is not a 'non-taxable supply' and neither the ghee is thus upon clubbing the two the maximum threshold stands breached. Thus, registration is required in your case.
Further, you may refer to the AAR-Karnataka judgment in the Acharya Shree Mahashraman Chaturmas Pravas Vyavastha Samiti Trust for a better understanding of the concept.
For any further query, you may contact undersigned.
CAclubindia
