MAINTENANCE CHARGES COLLECTED BY BUILDER AND THEN TRF TO SOCIETY - GST APPLICABILITY
This query is : Resolved
Rajesh Gadodia
(Querist)
18 October 2021
Sir/Madam,
Builder collects maintenance charges before formation of Society of Members and charge GST. He manage the maintenance for one year by debiting to members advance and taking credit of all ITC on society expenses. after formation of society members advance amount is transferred to Society.
Query : Whether society can appropriate the expenses incurred (net of GST) after taking ITC on expenses from the members advance without charging any GST (As members had already paid GST to Builder on advnace) till that advance is fully utilized and then start charging GST.
Builder collects maintenance charges before formation of Society of Members and charge GST. He manage the maintenance for one year by debiting to members advance and taking credit of all ITC on society expenses. after formation of society members advance amount is transferred to Society.
Query : Whether society can appropriate the expenses incurred (net of GST) after taking ITC on expenses from the members advance without charging any GST (As members had already paid GST to Builder on advnace) till that advance is fully utilized and then start charging GST.
Dhirajlal Rambhia
(Expert)
18 October 2021
No. ITC will not be available to society, as the same has been consumed by Builder.
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