Page 191 - GSTL_7th May 2020_Vol 36_Part 1
P. 191

2020 ]             IN RE : MANGALDAS MEHTA AND CO. LIMITED           149
                           Opinion in relation to query 6 :
                           The applicant urges that the Low Category rooms are sold at a tariff
                           of Rs. 3,400/- which includes charges far room stay and breakfast.
                           The breakfast is offered as inclusion and invoice would reflect two
                           charges. Based on the tariff slab, liability to pay GST on room stay
                           will be 12%. An illustration would better explain the query of appli-
                           cant.
                           Illustration 4 :-
                           Invoice for low category rooms :

                            Sr.       Particulars     Amount           Remarks
                            No.                         (Rs.)
                             1  Room Stay Plus Ser-    2,400
                                vice Charge
                             2 Breakfast               1,000   Optional additional Service
                             3  Heritage Walk           800    Optional additional Service
                             4 Airport Pickup and      1,000   Optional  additional  Service
                                drop
                                Total                  5,200

               Also Heritage Walk and pick-up drop facility being additional services not con-
               nected with tariff would attract 18% G.S.T. However, as the applicant charges 5%
               GST on restaurant services and the applicant shows a separate item as charges
               for breakfast it must be ordered to be liable to pay 5% GST on breakfast and not
               12% GST.
                       4.  Statement of facts of the case submitted by applicant vide Annexure
               to Form GSTR ARA-01 :
                       (1)  The applicant runs a boutique hotel as well as restaurant.
                       (2)  The applicant charges tariff for room stay from the customers based
                           on the seasons.
                       (3)  The applicant is charging 18% GST on restaurant services.
                       (4)  The applicant charges  rate of GST on room stay as per the slabs
                           provided on declared tariff.
                       (5)  The invoice raised depicting money charged from the customer of
                           the applicant comprise of the following :-
                                Room stay
                                Service  charge
                                Breakfast
                                Airport pickup and drop
                                Extra Bed
                                Laundry services
                                Lunch/Dinner
                                Heritage Walk
                       (6)  In many cases, the sum total of the items stated in Point No. 5 ex-
                           ceeds Rs. 7500/-.
                                     GST LAW TIMES      7th May 2020      191
   186   187   188   189   190   191   192   193   194   195   196