GST Payable On Receipt Of Gratuitous Payment From Outgoing Member: AAR
2 years, 6 months ago

GST Payable On Receipt Of Gratuitous Payment From Outgoing Member: AAR

Live Law  

The Maharashtra Authority of Advance Ruling consisting of T.R. The applicant is a co-operative housing society registered under the Maharashtra Co-operative Housing Society Act having 48 flats which charges its members maintenance charges as per flat towards maintenance and upkeep of its premises. The applicant has sought an advance ruling on the issue of whether the receipt of a gratuitous payment from an outgoing member for the time he has resided in the society is taxable under the CGST Act, 2017. The applicant has submitted that whenever there is a transfer of a flat, the outgoing member makes a gratuitous payment to the applicant society, which does not have any implications or bearing on the outgoing formalities to be completed. The gratuitous contribution is voluntarily made by the outgoing member and is not at all a consideration received in lieu of services provided by the applicant, therefore the amount received is not liable to GST.

History of this topic

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