Circular No. 116/35/2019-GST
1
F. No. 354/136/2019-TRU
Government of India
Ministry of Finance
Department of Revenue
(Tax research Unit)
*****
Room No. 146, North Block,
New Delhi, the 11th October, 2019
To:
The
Principal
Chief
Commissioners/
Chief
Commissioners/
Principal
Commissioners/ Commissioner of Central Tax (All) /
The Principal Director Generals/ Director Generals (All)
Madam/Sir,
Subject: Levy of GST on the service of display of name or placing of name plates of the
donor in the premises of charitable organisations receiving donation or gifts
from individual donors– Reg.
Representations have been received seeking clarification whether GST is applicable
on donations or gifts received from individual donors by charitable organisations involved
in advancement of religion, spirituality or yoga which is acknowledged by them by placing
name plates in the name of the individual donor.
2.
The issue has been examined. Individual donors provide financial help or any other
support in the form of donation or gift to institutions such as religious institutions, charitable
organisations, schools, hospitals, orphanages, old age homes etc. The recipient institutions
place a name plate or similar such acknowledgement in their premises to express the
gratitude. When the name of the donor is displayed in recipient institution premises, in such
a manner, which can be said to be an expression of gratitude and public recognition of
donor’s act of philanthropy and is not aimed at giving publicity to the donor in such manner
that it would be an advertising or promotion of his business, then it can be said that there is
no supply of service for a consideration (in the form of donation). There is no obligation
(quid pro quo) on part of recipient of the donation or gift to do anything (supply a service).
Therefore, there is no GST liability on such consideration.
2.1
Some examples of cases where there would be no taxable supply are as follows:-
(a) “Good wishes from Mr. Rajesh” printed underneath a digital blackboard donated by
Mr. Rajesh to a charitable Yoga institution.
(b) “Donated by Smt. Malati Devi in the memory of her father” written on the door or
floor of a room or any part of a temple complex which was constructed from such
donation.
2.2.
In each of these examples, it may be noticed that there is no reference or mention of
any business activity of the donor which otherwise would have got advertised. Thus where
Circular No. 116/35/2019-GST
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all the three conditions are satisfied namely the gift or donation is made to a 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, GST is not
leviable.
3.
Difficulty if any, in the implementation of this circular may be brought to the notice
of the Board.
Yours Faithfully,
Susanta Mishra
Technical Officer (TRU)
Email: susanta.mishra87@gov.in
Tel: 011-23095558
