Co-operative society is liable to pay GST on the common maintenance fund/deposit collected from their members
Levy of GST— The applicant has collected money from their members under following heads:
1. Monthly maintenance fees (Recurring basis).
2. Common Maintenance Fund/Deposit (one-time basis).
the applicant has sought for advance ruling in respect of following questions:
Question 1: Whether applicant is liable to pay GST on the common maintenance fund/deposit collected from their members?
Question 2: If Yes, then, what shall be considered as the time of supply for such transaction?
Held that— The applicant, in addition to maintenance charges, also collected amount as Common Maintenance Fund (Deposit) from their members which is non-returnable. Since, the said amount is collected as non-returnable common maintenance fund, such deposits can be considered for such supply of service as mentioned above and, hence, will be liable to tax.
the amount collected towards the common maintenance fund/deposit do not form part of consideration towards supply of services at the time of collection, however, the amounts so utilized for provision of service are liable to GST at the time of actual supply of service.