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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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GST UPDATE ON DETERMINING WHETHER THE ACTIVITIES OF HOUSING SOCIETY ARE

GST UPDATE ON DETERMINING WHETHER THE ACTIVITIES OF HOUSING SOCIETY ARE ?SUPPLY? OR NOT 89/2020-21

“Principle of Mutuality” this term has been a very familiar in the Professional world of CA’s as the applicability of this principle to clubs or associations has always been a matter of discussion be it in Direct taxation or be it pre GST regime. So as we have entered the new indirect taxation system of GST similar questions are being arose even now. In this update we shall discuss a recent ruling by AAR Maharashtra in the case of M/s Apsara Co-operative Housing Society limited who has sought ruling with respect to the following questions
1.     Whether the activities carried out by the applicant for its members qualify as ‘Supply’ under the definition of Section 7 of the CGST Act 2017.
2.     If the activities of the applicant are treated as “Supply” under CGST Act 2017then whether the applicant has correctly discharged the GST as per the illustrative copy of the invoice generated by the applicant?
M/s Apsara Co-operative Housing Society Limited is registered under the Maharashtra state Co-operative Scieties Act, 1960. The main objective of the society is obtaining conveyance from the promoter (Builder), managing, maintaining and administering the property of the society, raising fund for achieving the objects of the society, undertaking and providing any social, cultural or recreation activities etc. for its members.
The applicant contends that in order to qualify as ‘Supply’ it shall satisfy two conditions.
1.     In Furtherance of business.
2.     For a consideration
Discussing the definition of business, they state that they do not provide any facilities or benefits to the members and only manage the housing society. And so concluded that it is not ‘in furtherance of business’. Further it was contended that society charges levied on the members is merely a contribution towards the collective maintenance and upkeep of the Society and cannot be considered as ‘consideration’ defined in Section 2(31) of the CGST Act, 2017 as no profit is being derived from these contributions. Moving forward reference has been made to the decisions of Hon'ble Calcutta High Court in the case of Saturday Club Ltd. Vs. Assistant Commissioner, Service Tax Cell, Calcutta & Ors. (2005) 180 ELT 437 (Cal HC) and Hon’ble Gujarat High court in the case of Sports Club of Gujarat Ltd. Vs. Union of India (2010) 35 VST 375 (Guj HC) stating that the applicant society and its members are one and the same and so they cannot be said to be doing ‘business’.
 
In reply to the above contentions the jurisdictional officer submitted that as per Section 2(84) of CGST Act quoting the definition of “person” specifies that in the present case there are two distinct persons, one being the applicant society and the other being its members. They cannot be said to be the same as the citations presented by the applicant belong to Income tax matters and are of no importance in the GST regime. Moreover, since the GST Law has a very wide Connotation for services they cover any activity other than those involving goods, money and securities so the membership fees collected will be treated as consideration paid for supply of services. Since both the conditions are satisfied it shall be treated as ‘Supply’.
 
Hearing both the sides, Authority for advance ruling has ruled that the activities carried on by the applicant fall under the definition of ‘Supply’. This has been derived upon on the basis of the following reasons.
a.     The term "Supply", defined under Section 7 of the CGST Act, 2017 is an inclusive definition and not an exhaustive one and therefore it has very wide connotations. Therefore, the activities of Applicant in as much as they are obtaining conveyance from the promoter (Builder), managing, maintaining and administering the property of the society, raising fund for achieving the objects of the society, undertaking and providing any social, cultural or recreation activities can clearly be considered as rendering of "supply" of service being provided to its members.
b.     The word "person” mentioned in Section 7 (1) (a) specifically includes a co-operative society registered under any law relating to co-operative societies'. Thus a registered co-operative society is a person within the meaning of the term in the CGST Act. Agreeing with the jurisdictional officer that there are two distinct persons, one the Applicant Society and another, the member thereof.
c.      Coming to the point of deciding whether the amount collected is to be considered as “consideration” or not, the authority has construed that membership fees collected is also meant for meeting expenses for activities undertaken to achieve the various objects of the society. Thus, membership fee collected by Applicant from its members will be treated as "consideration" paid for supply of services.
d.     With regard to applicability of principle of mutuality, AAR held that this is not tenable with respect to taxability in GST regime.
e.     Further applicant has presented reliance on a few judgements, against which the AAR said that Income tax matters shall not be applicable to the present case. Moreover, the above two cases which have been mentioned above relating to Service tax cannot be relied upon as belong to period prior to 2012.
 
Coming to the next question put forward before the authorities, it was said that such question is outside the scope of AAR as it does not fall under Section 97(2) and cannot be answered.
 
There is a matter to ponder upon on how come the landmark judgements of the pre GST regime cannot of importance. Even the Apex Court has held that club and its members are one and same person. We have also prepared a update on the same issue and even discussed the applicability of this principle in GST era also. The same is reproduced for the benefit of our netizens:-
“It is also worth noting that according to amendment made in section 7 of the CGST Act, a new sub-section (1A) has been inserted wherein certain activities or transactions which constitute a supply in accordance with the provisions of sub-section (1), they shall be treated either as supply of goods or supply of services as referred to in Schedule II. This has the effect that the transactions which are specified in Schedule II shall be treated as supply only if they are made by a person in course or furtherance of business for consideration. We submit that the definition of business includes clubs and so on harmonious reading of the entry 7 of Schedule II, it can be concluded that supply of goods by unincorporated association or body of persons to member for cash is liable to GST. However, it is also to be noted that there is no similar entry for supply of services. Moreover, now the question arises is that whether the interpretation of the term “body of persons” as taken by Supreme Court can be made applicable in GST or not? Well, in our opinion, the analogy of Supreme Court decision can be applied in GST regime too as the explicit mention of “unincorporated association or body of persons” indicates levy of GST only on unincorporated body of persons. Hence, we may say that the purport of the legislation under erstwhile indirect taxation regime is being carried forward in the GST regime also. However, doubt may be created as regards the relevance of doctrine of mutuality as definition of business expressly includes membership fees charged by every kind of club or association whether incorporated or not.  Nonetheless, it appears that the litigation baggage of erstwhile indirect taxation regime will continued in the GST era also after pronouncement of decision by the Supreme Court of India.”
 
Thus, this controversy was also addressed by AAR also in the same fashion as we have told by relying on the definition of “business” given in GST also. But they have played safe and did not give any decision by taking shelter of Section 97(2) and told that it does not come in the purview of GST council. Even the High Court has also decided that AAR can give decisions even on place of supply as they have to decide the classification of goods or services. Following the same analogy, AAR should have decided this point also. But when the Apex Court decision is also there on the very point then it is safe to avoid it rather than giving a pro-revenue decision.
 
This is solely for educational purpose.
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