Finance/Compliance Consultant
60129 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:
✅ 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 ₹45 lakhs, but shown only ₹6 lakhs in GSTR-1/GSTR-3B.
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You’re asking whether this supply is exempt under GST or taxable.
🚫 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.
✅ 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:
🔹 The construction is for a building meant predominantly for religious use
🔹 Or it’s for charitable activities like education or medical relief as defined under the notification
🔍 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
❌ 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 ₹45 lakhs unless the narrow exemption applies.
✅ What You Should Do:
🔹 1. Assess Nature of Building
🔹 2. If Taxable – Update GST Returns
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You've declared only ₹6 lakhs
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You must revise the GST returns (via amendments) and pay tax on balance ₹39 lakhs
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Also pay interest under Section 50 for late payment
🔹 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
🧾 Accounting Entry (If Taxable):
Adjust already declared ₹6 lakhs from previous months.
✅ Summary:
| Situation |
GST Treatment |
| Construction for hospital/school run by trust |
✅ Exempt (if charitable activity) |
| Construction for general admin building |
❌ Taxable |
| Trust is unregistered under 12AA/12AB |
❌ Taxable |