Applicability of GST on Repair & Maintenance and Sinking Fund


Quick Summary
The Maharashtra Authority for Advance Ruling (MAAR) initially ruled that GST applies to Repair and Maintenance Funds and Sinking Funds collected by housing societies, treating them as taxable services. However, the Madras High Court later overturned this, clarifying that only contributions exceeding £7,500 per member are subject to GST. This decision aligns with the exemption notification, ensuring that contributions below this threshold remain untaxed.

Court :
Maharashtra AAR

Brief :
In M/s. Forest County Co-operative Housing Society Ltd. [GST-ARA, Application No. 65 dated November 26, 2019], M/s. Forest County Co-operative Housing Society Ltd. ('the Applicant') has sought an advance ruling on the issue of applicability of GST on Repair and Maintenance Fund and Sinking Fund and whether the exemption limit of Rs. 7500/- per member lies on these Funds in reference to Sr. No. 77 of Notification No. 12/2017 -Central Tax (Rate) dated June 28, 2017 ('Services Exemption Notification').

Citation :
GST-ARA, Application No. 65 dated November 26, 2019

In M/s. Forest County Co-operative Housing Society Ltd. [GST-ARA, Application No. 65 dated November 26, 2019], M/s. Forest County Co-operative Housing Society Ltd. ('the Applicant') has sought an advance ruling on the issue of applicability of GST on Repair and Maintenance Fund and Sinking Fund and whether the exemption limit of Rs. 7500/- per member lies on these Funds in reference to Sr. No. 77 of Notification No. 12/2017 -Central Tax (Rate) dated June 28, 2017 ('Services Exemption Notification').

The Hon'ble Maharashtra Authority for Advance Ruling ('MAAR') held that GST is applicable on Repair and Maintenance Fund as well as Sinking Fund because the same is covered under 'service' in the GST Act and are liable to be taxed subject to threshold turnover limit and Services Exemption Notification.

It further relied upon Sr. No. 5 of Circular No. 109/28/2019-GST dated July 27, 2019 (F No 332/04/2017-TRU Govt. of India Ministry of Finance, Department of Revenue (Tax Research Unit) ('Circular No. 109/28/2019') to hold that if the gross amounts collected by the applicant in their bills or invoices exceed Rs. 7500/- then exemption limit of Rs. 7500 is not applicable on two components of maintenance bills.

Our Comments

Overturning the Circular No. 109/28/2019, the Hon'ble Madras High Court in Greenwood Owners Association v. Union of India W.P. NOS. 5518 & 1555 OF 2020 and 27100 & 30004 OF 2019 held that the conclusion of MAAR and Circular No. 109/28/2019 to that effect disentitling Resident Welfare Associations ('RWA') to the exemptions was contrary to the express language of Sr. No. 77 of Services Exemption Notification.

Clarifying the same, it was held that it is only the contributions to RWA in excess of Rs. 7,500/- that would be taxable under the GST Act.

FAQ :

Yes, GST is applicable to Repair and Maintenance Funds, but only on the portion exceeding £7,500 per member, as per the Madras High Court ruling.

Similar to Repair and Maintenance Funds, Sinking Fund contributions are subject to GST only if they exceed £7,500 per member.

The exemption limit is £7,500 per member. Contributions below this amount are not subject to GST.

The Madras High Court ruling in Greenwood Owners Association v. Union of India clarified the GST applicability, overturning earlier decisions.

Yes, the rulings clarify the tax treatment of contributions collected by RWAs for services like repair, maintenance, and sinking funds.

 



Judgement posted by

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FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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