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Brief Facts :
 
In case of Maintenance Bills raised by the society , there are some cases where members have delayed in payment of the dues beyond the due date , resulting in charge of interest on such delayed payments . 
 
The following points may be noted in the context of our query :
 
a)  Interest per se does not have a tariff under GST Act and needs to charged at the same rate applicable to the sale of product / services
 
b) In the case of housing society , the applicable tariff on service is 18% SAC CODE 999599
 
c) By way of notification 12/2017 entry 77(c) the charges levied by society are exempt upto Rs.5000 p.m SAC CODE 9995 ( subsequently increased to Rs.7500 p.m) for procurement of services from third party . Since charges like interest , club house charges , gym charges , swimming pool charges , parking charges , noc charges , etc.. do not involve procurement of service from third party , they do not come under the exemption granted under the notification . 
 
d) By way of circular 102/21/2019 dated 28/06/19 , the department has clarified interest charged by Financial institution ( NBFC / Bank etc.. ) are covered under notification 12/2017 entry 27 , hence not chargeable to GST , but interest charged by others for sale of product or service is chargeable to GST under section 15(2)(d)
 
e) In case of exempted supplies ( which applies to society vide notification 12/2017 ) , the rate is still prescribed but exempt vide notification ( u/s 11 of CGST Act ) , and hence the rate applicable would be 18% . 
 
Our query / clarification sought is , considering all the above points together , 
 
1) Does such charge of interest on members , attract the provisions of GST Act , and hence needs to be charged GST @ 18% . 

 

2) Whether in case of maintenance bills where taxable service is less than Rs.7,500/- p.m there is delay in payment of maintenance dues , is the interest charged on such delay , exempt from GST ? 
 
3) When a particular product or service is exempt subject to certain conditions u/s 11 of GST Act , rate of tariff is still applicable , but only gets exempted due to the notification
 
4) When the notification 12/2017 provides exemption only for procurement of service from 3rd party , can the resultant interest on delayed payment ( where there is no procurement of service ) deemed as exempt .
 

Frah Saeed Answered question September 20, 2020