Implications of GST on Charitable Trusts
- Blog|News|GST & Customs|
- < 1 minute
- By Taxmann
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- Last Updated on 7 December, 2021
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[2021] 133 taxmann.com 34 (Article)
Recently Maharashtra AAR, in the case of Jayshankar Gramin Va Adivasi Vikas Sanstha, In re [2021] 132 taxmann.com 164 (AAR – Mah.), held that GST is payable on the grants received by Charitable Trust, registered under Section 12AA of the Income Tax Act, 1961. It further held that in case of donations, if the gift or donation is made to charitable organization; the payment has the character of gift or donation and the purpose is philanthropic (i.e. it leads to no commercial gain) and not advertisement, then GST is not leviable. In all other cases GST is leviable.
The said ruling has created many doubts amongst the charitable trusts. In this regard, the author has discussed various provisions related to charitable trusts under the GST law in detail to give a proper perspective.
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