Manager - Finance & Accounts
58399 Points
Joined June 2010
Hello Sathis Kumar,
Great question — many taxpayers misunderstand GST treatment when construction is done for charitable or religious trusts. Let's clarify it in detail:
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Scenario:
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Your client is a contractor doing construction work.
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The recipient is a charitable trust.
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Received โน45 lakhs, but shown only โน6 lakhs in GSTR-1/GSTR-3B.
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You’re asking whether this supply is exempt under GST or taxable.
๐ซ No General Exemption for Construction to Charitable Trusts
As per GST law, construction services (works contract) provided to charitable or religious trusts are not exemptunless they fall under specific narrow conditions.
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When Is Construction Service Exempt?
Refer to Notification No. 12/2017 – Central Tax (Rate), Sr. No. 13:
Services by way of construction, erection, commissioning, installation, etc. provided to a charitable/religious trust are exempt only if:
๐น The construction is for a building meant predominantly for religious use
๐น Or it’s for charitable activities like education or medical relief as defined under the notification
๐ So, exemption applies only when:
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Construction is for a charitable hospital, school, or religious worship place
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The trust is registered under Section 12AA / 12AB
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The activity fits the definition of charitable activity under GST
โ In Your Case: Likely Taxable
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If the construction is for general purpose (e.g., office, admin block, guesthouse), it is taxable under GST — even if the trust is charitable.
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So, your client must charge GST on full โน45 lakhs unless the narrow exemption applies.
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What You Should Do:
๐น 1. Assess Nature of Building
๐น 2. If Taxable – Update GST Returns
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You've declared only โน6 lakhs
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You must revise the GST returns (via amendments) and pay tax on balance โน39 lakhs
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Also pay interest under Section 50 for late payment
๐น 3. If Exempt – Keep Supporting Documents
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Trust’s registration certificate (12AB)
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Proof of intended use of building
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Copy of contract clearly mentioning the purpose
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Self-declaration from trust stating use is for charitable activity as per GST law
๐งพ Accounting Entry (If Taxable):
Adjust already declared โน6 lakhs from previous months.
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Summary:
Situation |
GST Treatment |
Construction for hospital/school run by trust |
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Exempt (if charitable activity) |
Construction for general admin building |
โ Taxable |
Trust is unregistered under 12AA/12AB |
โ Taxable |