Legal opinion for GST

This query is : Resolved

Heena Jain (Querist)
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22 May 2024 Background:-
Society is going to replace 9 lifts which cost is approx. 4 Cr plus 18% GST. We will collecting contribution from 312 society flat owners toward through the maintenance bill of May 2024, we are attaching without GST maintenance bill month of April 2024 and with GST maintenance bill month of May 202. Collection period (Upfront Rs.50000/- From Maintenance Bill Month of May-2024 and Amount 9500/- (from June 2024 to May2025). We can call this fund as sinking fund or major development fund or corpus fund or any other name.
Beside that society also collecting transfer charges of INR 3 lakh from new incoming member. We also have some approx.
INR 2 cr Fixed deposit under major development fund which was created before 2017.
Need some point wise clarification from your side?
1. Weather society need to collect GST on this additional collection for lift which will be raised from May 2024 to May 2025 under head of corpus, sinking or any other head. In case it’s applicable than is there any other head or way out which can avoid GST on collection.
2. Can we take GST credit on new Lift which we are buying?
3. Whether property tax or water charges which we are collecting on behalf of BMC are exempt from GST.
4. in case not exempt, last year we have raised invoice without charging GST on entire amount as our bill was below 7500 limit after removing property tax and water charges so do we need pay now or need to wait.
5. In case water charges and property tax are exempt from GST but collection for lift is not exempt, may we raised two separate invoice one regular monthly invoice without GST and other collection with GST.
6. Once we started charging GST on entire amount and once collection done for special project like lift etc., can we start again raise monthly invoice without GST.
7. Whether GST applicable on delay interest where members not paid their bill ion time.
8. Whether GST is applicable on transfer charges which is collected and credit to Balance sheet under major development fund.
9. Weather GST will be applicable on transfer charges if we collect the same as non-refundable deposit for club membership from incoming members.
10. Weather GST will be applicable if we utilised fixed deposit which was created before 2017.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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23 May 2024 1 No need for GST collection collect it as corpus fund.
2 GST credit not allowed.
3 It's exempt from GST.
4 No need to pay.
5 and 6 Does not arise both are exempt.
7 GST not applicable.
8 No.
9 No.
10 No.

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