Comment on the taxability or otherwise of the following transactions under GST law. Also state the correct legal provisions for the same. S. No.…

CA Intermediate · Taxation · MTP · January 2025
Comment on the taxability or otherwise of the following transactions under GST law. Also state the correct legal provisions for the same. S. No. Description of Services provided (i) Service provided by a private transport operator to Vintage Girls Higher Secondary School by way of transportation of students to and from the school. (ii) Services provided by way of vehicle parking to general public in a shopping complex. (iii) Food supplied by the canteen run by a hospital to the in-patients as advised by the doctors. (iv) An RWA in a housing society, registered under GST, collects the maintenance charges of 6,500 per month per member.

Suggested Answer and Working Notes:

S. No. Description of Services provided Taxability (i) Service provided by a private transport operator to Vintage Girls Higher Secondary School by way of transportation of students to and from the school. [Services provided TO an educational institution by way of transportation of students are exempted from GST] Exempt (ii) Services provided by way of vehicle parking to general public in a shopping complex. [Services provided by way of vehicle parking to general public are not exempted from GST. Therefore, it would be taxable.] Taxable (iii) Food supplied by the canteen run by a hospital to the in-patients as advised by the doctors. [Services by way of health care services by a clinical establishment, an authorised medical practitioner or para-medics are exempt from GST. Food supplied to the in-patients by a canteen run by the hospital, as advised by the doctor/nutritionists, is a part of composite supply of healthcare and not separately taxable. Thus, said services are exempt from GST.] Exempt (iv) An RWA in a housing society, registered under GST, collects the maintenance charges of 6,500 per month per member. [Supply of service by a RWA (unincorporated body or a non-profit entity registered under any law) to its own members by way of reimbursement of charges or share of contribution up to an amount of 7500per month per member for providing services and goods for the common use of its members in a housing society/a residential complex are exempt from GST. Hence, in the given case, services provided by the RWA are exempt from GST since the maintenance charges collected per month per member do not exceed - 7500.] Exempt

Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax

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