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Reimbursement of Water Tax

Others 271 views 5 replies
Municipal Corporation is charging Tax to Promoter for water supply to the Resident of a gated housing complex. The Promoter in turn charging for reimbursement with
GST from the Residents.
please confirm with reference to concern Act/Rule whether such reimbursement is under the perview of GST or exempted.

CA Dipak Kumar Majumder.
Replies (5)
In my view it's out of GST.
He can't collect GST and don't want pay GST under RCM basis....
Will you please elaborate ett Act/Rules so that it could be taken up with Promoter.
Will you please elaborate wrt
Act/Rules so that it could be taken up with Promoter.
Waiting for detailed Answer.

The corporation is supplying water to the promoter and charging GST. The promoter is paying price of water plus GST to the Corporation. This amount of GST becomes cost to the promoter. Now the promoter supplies water and collects the charges from the residents along with GST. The promoter is making a supply coupled with consideration (charged paid by the residents), therefore  such supply should be taxed under GST. Every supply falling within section 7 (scope of supply pl refer to section 7 of CGST Act) is taxable unless exempted. Section 9 of CGST Act provides for charging of GST on every supply on the value determined under section 15 of the same Act. The promoter is required to collect GST from the individual residents and deposit the same with the Govt.


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