TaxTMI 
TaxTMI 
AOP and GST
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....OP and GST<br> Query (Issue) Started By: - Nisanth N Dated:- 1-3-2025 Last Reply Date:- 2-3-2025 Goods and Services Tax - GST<br>Got 2 Replies<br>GST<br>Background is an AOP in Kerala...an apartment complex and its residents association registered under Kerala Society Registration Act with 100 odd members. We had collected a lumpsum maintenance deposit before GST act. We collect monthly maintenanc....
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....e charges based on square feet of each apartment. 1) Is there any difference (benefits in GST payment) if maintenance charges are unitwise equal? 2) is there GST to be paid by AOP if only 2 or 3 members have a monthly maintenance charges more than 7500? 3) Is a GST account and filing of GST returns etc by AOP a viable/ tax efficient option if it is just for 2-3 members ? Reply By Sadanand B....
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....ulbule: The Reply: Refer CBIC Circular No.109/28/2019-GST dated 22/07/2019 for clear details. Maintenance charges paid by residents to the Resident Welfare Association are exempt up to Rs. 7,500. In case the amount charged exceeds Rs.7,500 per month per member, GST is chargeable on the entire amount charged. However contrary to this general understanding, in terms of Hon'ble Madras High Cou....
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....rt judgement of July 2021 rendered in the case of TVH Lumbini Square Owners Association, tax is to be charged on the amount exceeding Rs.7,500 and not the entire amount. Reply By Shilpi Jain: The Reply: Having maintenance unit-wise same , if less than 7500 then no GST and no registration required Even if one unit exceeds 7500 and if aggregate turnover exceeds 20L/40L as applicable, regist....
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....ration would be required Cost benefit analysis to be done in this aspect. Though is law requires registration and compliance, this cannot be an aspect to be looked at. Else one should look at reducing the maintenance charges before 7500 to stay out of registration requirement.<br> Discussion Forum - Knowledge Sharing ....