Supreme Court Rules on GST Exemption?!

D N INDUJAA

Supreme court on GST for Student/Professional Hostels


Key Ruling:


The supreme court clarified that no GST will be charged when a residential property is leased to an institution that uses it as a hostel for students or working professionals.


Reasoning:


The primary use remains residential, even if the property is run as a hostel.


Taxing such leases would defeat the purpose of GST exemption for residential premises.


Hostels also provide accommodation, which falls under the residential category.


Bench Composition:


Justices jb Pardiwala and KV Vishwanathan delivered the ruling.

Upholding HC Decision:


The bench upheld the karnataka High Court’s earlier decision granting GST exemption.


Impact on students & Professionals:


Imposing 18% GST would increase the financial burden on students and young working tenants, contradicting the intention of the law.


Case Background:

Concerned a 42-room residential property in Bengaluru.


Co-owners leased it to D Twelve Spaces Pvt. Ltd., which operated it as a hostel for 3–12 month stays.


The owner had sought clarity from the Authority for Advance Ruling (AAR), karnataka, on GST applicability.


30% Women’s Quota in State Bar Council Committees


Supreme court Directive:


Ordered the Bar Council of india (BCI) to ensure 30% reservation for women lawyers in upcoming State Bar Council Executive Committees.


Need for Legislative Change:


BCI informed the court that enforcing reservation requires amending the Advocates Act.


Some State Bar Council elections are already underway, complicating immediate implementation.


Court’s Position:


The bench urged BCI to interpret existing rules to implement the 30% quota proactively.


Suggested similarreservation for office bearer positions.


Discussion on Women’s Participation:


When BCI questioned if enough women would contest, the court cited a supreme court Bar Association workshop.


Survey showed 83% of women lawyers wish to become SCBA members, indicating high participation interest.


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