The Authority of Advance Ruling (AAR) clarified that the extra facilities provided to the customers along with the accommodation services would be subject to Goods and Service Tax (GST) as independent services.
The applicant, re Srisai Luxurious Stay LLP, is a Limited Liability Partnership, which is not registered under the provisions of the Goods and Services Act, 2017. The applicant states that it is engaged in the business of developing, running, maintaining, operating, setting up, owning, dealing in, buying, selling, renting, subletting, and managing to pay guest accommodations, service apartments, flats aimed to suit all types of customers by whatever name called.
The applicant filed an application seeking clarification on the issues, “whether the daily accommodation services ranging from Rs.300 to Rs.500 per bed are eligible for exemption under Notification No.12/2017-Central Tax.”
The other issue raised was whether the monthly accommodation services ranging from Rs.6,900 to Rs.12,500 per bed is eligible for the exemption under Notification No.12/2017- Central Tax.
The last issue on which the applicant sought for clarification with regard to the applicability of the notification if LLP decides to charge additional charges for the extra-facilities opted by the inhabitants in addition to the facilities that are currently included in the tariff received by the inhabitants but the overall price would be less than the present exemption limit of Rs.1000 per day per Unit.
The authority consisting of members, Dr. Ravi Prasad and Mashhood Ur Rehman ruled, “the daily accommodation services ranging from Rs.300 to 500 per bed are eligible for exemption under Notification No. 12/2017- Central Tax (Rate) dated 28.06.2017.”
“The monthly accommodation service ranging from Rs.6,900 to Rs. 12,500 per bed is eligible for exemption under Notification No. 12/2017- Central Tax (Rate) dated 28.06.2017,” the authority observed.
“If the applicant charges additional charges for extra facilities opted by the inhabitants in addition to the facilities that are currently included in the tariff received by the inhabitants but the overall price would be less than the present exemption limit of Rs. 1,000-00 per day per unit, then the same is liable to tax at the rates applicable to them as they are independent supplies if they do not belong to the Group 9963. If they belong to the Group 9963, then the same are exempt as per entry no. 14 of the Notification No. 12/2017- Central Tax (Rate) dated 28.06.2017,” the authority while addressing the last issue said.
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