M/s Mahindra Splendour CHS Ltd

Q.1.  Whether the applicant is liable to pay GST on the contribution received from its members?
Q.2.  If yes, whether the applicant can avail the benefit of exemption under entry no. 77 of Notification no.12/2017-CTR dated 28th June, 2017 for the value upto Rs.7,500/- per month per member and in case the said monthly contribution exceeds Rs. 7,500/- per month, then the GST is leviable only on differential value in excess of Rs. 7,500/-?
Q.3.  Whether the applicant is liable to pay GST on amount collected from its members towards the following accounts as per the Bye laws:
a. Sinking Fund
b. Building Repair Fund
c. Election and Education Fund
Q.4.  Whether the supplies otherwise exempted from tax or charged at Nil rate shall be included in value in computing threshold amount of Rs.7,500/- per month per member under entry no. 77 of Notification no.12/2017-CTR dated 28th June, 2017, for determining the tax liability?
Q.5.  Whether contribution collected to defray expenses for supply of following types of water are covered under entry 99 of Notification 2/2017-CTR dated 28th June, 2017 i.e. under HSN Code 2201 and attracts NIL rate of tax?
a. For Potable water received from MCGM u/s 169 of Mumbai Municipal Corporation Act 1888, which is supplied/distributed to the flats of the Members through an elaborate storage and pumping system.

b. Flush Water (Non Potable water) generated from Sewage treatment plant installed in the Society premises and supplied to all the flats for use in toilet flushing.

Q.6.  Whether input tax credit can be claimed on the expenses incurred for heavy repairs and maintenance of the society building premises and which are not capitalized in books of accounts?

States/UT
Order No. & Date
GST-ARA- 38/2020-21/B-103, Mumbai, dated 01.12.2021
Order date
01-12-21
Category
97(2) (b), (c),(d) & (e)
Year