The primary issue before us is as to whether the applicant is providing supply of services to their members and if so, is there any consideration received by them for such supply of services/goods. [paras 7, 7.1, 8]. (T) No. Whether the contribution made by Member Banks to “Corpus Fund” can be considered as “Consideration”, as per Section 2 (31) of the CGST Act, 2017, when the said is not “Income” of the Applicant? What are the provisions for Charging or exemption. The definition of “Consideration” thus provides that the payment should be made in respect of the “Supply” from one person to another. viii. “. Based on the above facts the appeal was decided in favor of the Rotary Club Mumbai Queens Necklace, I quote: 'We, hereby, hold that the amount collected as membership subscription and admission fee from members is not liable to GST as a supply of services. A one-off entrance fee of $321 will also apply to new or re-joining members. While becoming a Member of the Applicant, the Banks undertake to adhere to the Codes of Banks commitment to Customers and guidelines prescribed by the Applicant. The Applicant Board is registered as a “Charitable Pubic Trust” under the Maharashtra Public Trust Act, 1950 and also registered as a “Society” under Societies Registration Act,1860. As already stated above, applicant is collecting Corpus Fund from Member Banks and the entire activity is related to public awareness about the codes & standards followed by member Banks. Non-members would not be served by the applicant. Yes. 437 (Cal.)) We find that the applicant body was formed in the year 2006 and then went on to enlist Banks as members. This is clearly in the form of benefit to Member Banks as opposed to non-member banks and these services are clearly with a view to enhance the credibility of their Banking services and therefore to grow their banking business. The applicant is not performing any sovereign function. To publish journals, reports, pamphlets, books, booklets, research papers in furtherance of the objects of the Society. We find that the term “Business” is defined in Section 2 (17) of the CGST Act, 2017 as “business” includes —. Secondly we are required to ascertained if these services are for a consideration or otherwise as we find that the second part of the definition says that ” …….all forms of supply of goods or services ……….. for a consideration …….. For performing the said activities, the applicant requires funds which are collected by them in the form of Annual Membership Fees and registration fees. These principles are applicable and have been applied by the Calcutta High Court in Saturday Club ltd. (2005 (180) E.L.T. The ‘Principal of Mutuality’ would, therefore, be applicable even in respect of applicability of Goods & Services Tax to the activity of the Applicant, which is akin to those, where the Honorable Courts & Tribunals have held identical activity to be non-taxable. Bank Fees are treated as “input taxed” meaning the bank doesn’t charge GST to the customer. Q. and Aparesh Kumar Singh, I, RANCHI CLUB LTD. The report as received from Sh. Any Supply is meant to be in the course of business or furtherance of the same. Life membership is free to retired members aged 75 and over, or retired members who have been a member for at least 50 years. We are pleased to inform you that with co-operation front all its Members, BCSBI has been able to meet all its expenses out of its own income since last two years. (b) such activities or transactions undertaken by the Central Government, a State Government or any local authority in which they are engaged as public authorities, as may be notified by the Government on the recommendations of the Council, shall be treated neither as a supply of goods nor a supply of services. As such, till such time as the issue is settled by the Apex Court, the Principle of Mutuality should be extended to the levy of GST and no GST is leviable on the their activity even under the CGST Act, 2017 and the Rules made thereunder”. Points for Annual Membership Rewards Fee; Type the Enter key to submit your selection. on 15 July 2020. of SGST Mumbai appeared and stated that they would be making submissions within one week. As of now, there are more than 120 services classified. Members support IEEE's mission to advance technology for humanity and the profession, while memberships build a platform to introduce careers in technology to students around the world. The ‘Principle of Mutuality’ has been held as a cogent ground for non-taxability of an activity across various taxes such as VAT, Sales Tax as well as Service Tax in several cases. e. The sole purpose of the Applicant Board is to ensure to adhere to the codes and standards for the service by Banks as per the code which are drafted by applicant. (a) all forms of supply of goods or services or both such as sale, transfer, barter, exchange, licence, rental, lease or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business; (b) import of services for a consideration whether or not in the course or furtherance of business; (c) the activities specified in Schedule 1, made or agreed to be made without a consideration; and. and Sh. It can be clearly seen that Banks in India have been in existence a lot prior to the year 2006, when the applicant body was formed for the purpose of creating awareness and ensuring the correct following of the Codes and Standards for Services by the Banks in India, but here the applicant is only creating awareness about their member banks and that too after collecting Annual Membership and Registration fees from the Banks. Mere change in taxing Statute cannot make change in fundamental concepts. We find that the term ‘supply’ is an inclusive definition and has to be given a wide connotation. In this backdrop, the nature of activity of Applicant and facts of the issue at hand are to be appreciated, which are as under: The Applicant is not collecting any consideration from its Members, which has been established, above. In case of the Applicant Section 2 (17) (e) will be applicable. The fee payable is as follows:-- * Fee inclusive of applicable GST@18%. vii. 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