Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Entry No.77 exemption for housing associations applies month-wise and cannot be aggregated across invoicing periods, making eligibility assessable each month. Water procured and distributed as part of upkeep is an incidental component of a composite supply whose principal supply is maintenance services, and thus the water component is taxable within that composite service. Collections labelled as corpus or sinking funds are advances for future services and trigger GST at receipt under the time-of-supply rules. Accounting treatments such as capitalization or depreciation do not affect levy or timing of tax. Sinking/corpus funds must not be clubbed with recurring maintenance for exemption eligibility. Voluntary festival donations without quid pro quo are not taxable supplies.
Entry No.77 exemption for housing associations applies month-wise and cannot be aggregated across invoicing periods, making eligibility assessable each month. Water procured and distributed as part of upkeep is an incidental component of a composite supply whose principal supply is maintenance services, and thus the water component is taxable within that composite service. Collections labelled as corpus or sinking funds are advances for future services and trigger GST at receipt under the time-of-supply rules. Accounting treatments such as capitalization or depreciation do not affect levy or timing of tax. Sinking/corpus funds must not be clubbed with recurring maintenance for exemption eligibility. Voluntary festival donations without quid pro quo are not taxable supplies.
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