Sec. 10(23C) of Income Tax Act, 1961 vis-a-vis GST Provisions
This query is : Resolved
Bapun Dasgupta
(Querist)
29 May 2023
Our organisation is not for profit organisation. The income of our organisation is exempted u/s. 10(23C) of the Income Tax Act, 1961 ('Act"). However, the organisation has guest houses in various parts of India and has been charging GST on the lodging charges from the guests who book the guest houses. The guest houses are booked and used by the employees of the organisation as well as by outsiders. People are employed, mostly on contractual basis, for running and maintenance of these guest houses.
The above activity of running and maintaining guest houses is not incidental to the objects of the organisation under any circumstances and in all likelihood be interpreted as "Business Income" by the Income Tax Authorities. This may also lead to violation of the provisions of Sec 10(23C) and may lead to the cancellation of registration obtained under that section.
The Question :
Is there any way that the income from guest houses be continued to be maintained / earned as is of now (charging GST thereon) along with maintaining the exemption certificate u/s. 10(23C) of the Act ?
Thank you.
The above activity of running and maintaining guest houses is not incidental to the objects of the organisation under any circumstances and in all likelihood be interpreted as "Business Income" by the Income Tax Authorities. This may also lead to violation of the provisions of Sec 10(23C) and may lead to the cancellation of registration obtained under that section.
The Question :
Is there any way that the income from guest houses be continued to be maintained / earned as is of now (charging GST thereon) along with maintaining the exemption certificate u/s. 10(23C) of the Act ?
Thank you.
CA R SEETHARAMAN
(Expert)
29 May 2023
Such receipts should not exceed 20% of gross receipts. If it exceeds you lose exemption.
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