[Prestige South Ridge Apartment Owners Association, In re [2019] 110 taxmann.com 235 (AAR - Karnataka)]
The applicant is an association of apartment owner's.. It has filed an application for an Advance Ruling to determine applicability of GST on corpus/sinking fund collected from members. The
Authority for Advance Rulings observed that the applicant is collecting amount towards corpus/sinking fund for future supply of services to its members. Such fund is mandatory under the Bye-Laws of the Resident Welfare Associations and is in the nature of deposit towards unforeseen or planned events.
As per the meaning of 'consideration' under GST, the deposit given in respect of a future supply shall not be considered as payment made for such supply until the supplier applies such deposit as consideration. Therefore, the amount collected towards Corpus/Sinking fund does not form part of consideration towards supply of services at the time of collection and, hence, not liable to GST.
The applicant is an association of apartment owner's.. It has filed an application for an Advance Ruling to determine applicability of GST on corpus/sinking fund collected from members. The
Authority for Advance Rulings observed that the applicant is collecting amount towards corpus/sinking fund for future supply of services to its members. Such fund is mandatory under the Bye-Laws of the Resident Welfare Associations and is in the nature of deposit towards unforeseen or planned events.
As per the meaning of 'consideration' under GST, the deposit given in respect of a future supply shall not be considered as payment made for such supply until the supplier applies such deposit as consideration. Therefore, the amount collected towards Corpus/Sinking fund does not form part of consideration towards supply of services at the time of collection and, hence, not liable to GST.
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