SAHAKARSUTRA

[A bench headed by the chief justice directed TMC to submit a list of housing complex and towers over the last five years indicating whether they have water connection and are receiving proper supply] Rapping the  Thane Municipal Corporation  for "blindly’’ giving occupation certificates to high-rises, Bombay high court declined to lift its stay on new constructions in Thane’s  Ghodbunder Road  area unless it is satisfied that there is adequate water supply to all buildings. A bench headed by the chief justice directed TMC to submit a list of housing complex and towers over the last five years indicating whether they have water connection and are receiving proper supply. On May 5 the court, in an interim order, had directed that no commencement or occupation certificates be granted to projects while hearing a PIL by Mangesh Shelar on water shortage in high-rises and how residents are dependent on water tankers. Senior advocate Prasad Dhakephalkar, representing...

  SAHAKARSUTRA July 20, 2017. The Chairman/ Secretary, Dear Sirs, This is to give you clarity on the subject GST on Housing Societies. Registration : A Co-op Hsg Society is required to be registered under GST , if the Aggregate turnover exceeds Rs 20 lakhs annually. Aggregate turnover shall include all taxable, and exempt services. Aggregate turnover means all billing other than Municipal Tax & Sinking Fund , but includes Interest received from banks, and members. Registration : If the Society has to pay GST under Reverse Charge [ Supply of services by Advocates ], irrespective of the turnover, the Society has to Register under GST . Exemptions : If the maintenance charges towards reimbursement of charges / contributions is less than Rs 5000/- per month GST will not be charged to such members. However, such members will be charged GST on Vehicle parking charges, Non –occupancy charges , Facility booking, Share Transfer premium etc. which are not of the kind of contr...

Circulars issued by Cooperative Commissioner on Management of Housing and Premises societies: (a) Outward No. Griha/D-3/Circular/No. Objection Certificate/14-SaAa/ Dated:01st January, 2017. Office of the Commissioner for Co-operation & Registrar, Co-operative Societies, Maharashtra State, Pune 1, issued above circular providing the guidelines, format, time limit , actions to be taken by the managing Committee and the registrar etc n respect of to issue No Objection Certificate to the members by Cooperative Housing and Premises societies for various reasons viz. to sale the flat, mortgage, repairing, letting etc. (b) Outward No. Griha/D-3/redevelopment/circular/2016, dated 1st January, 2017. Office of the Commissioner for Co-operation & Registrar, Co-operative Societies, Maharashtra State, Pune 1, issued above circular providing the guidelines and directions to the society and the registrar to make the flat purchasers in the redeveloped building as the memebr of the society or ...

[The state cooperative department has issued a circular making it mandatory for cooperative housing societies to issue no-objection-certificates (NOC) to its members within a specific time for some purposes.] In a major relief to common citizens, the state cooperative department has issued a circular making it mandatory for cooperative housing societies to issue no-objection-certificates (NOC) to its members within a specific time for some purposes. Cooperative housing societies will have to now issue NOCs within seven days if it has been asked for some emergency. NOC for sale, mortgage, repair work and internal changes will have to be tabled before an immediate meeting for approval of the managing committee. Members, however, are required to seek for an NOC in a prescribed application. State cooperative commissioner Chandrakant Dalvi said that decision had been taken following large scale complaints that managing committees of cooperative housing societies raise several que...

Suggestions given by Sahakarsutra to Shri Satish Marathe, Chairman of 9 member Committee to suggest amendments to the MCS Act 1960. 1) Immediate steps should be taken by the Managing Committees to ensure larger participation of members in the running of the society. 2) Members should be made compulsory to attend the Annual General Meeting or else a fine be levied upon them as decided by the General Body of the society. 3) Managing committees should not have the discretion to allot Parking spaces.Parking should be allotted as per the Development Control Rules (as per the approved building plan) and should be rotated as per decision taken by the General Body. This will ensure that all flat owners get at least one spot. 4) Number of Managing Committee members should be reduced as per the size of a society. As per law amended by the earlier govt, any housing society with 100 or less flats/house owners should have at least 11 members. But this posed a problem because of small-size...

ALERT CITIZENS FORUM OF INDIA A7/303, Saket CHSL, Saket Marg, Thane (W) 400601 # 8879528575 July 21, 2017 The Hon. Finance Minister, Govt of Maharashtra, Mantralaya, Mumbai 400021 Respected Sir, Sub: Request to exempt Cooperative Housing Societies from the ambit of GST. With reference to the above, we have to submit as under: GST on cooperative housing societies : Our study of the subject highlights that is no reason to levy any GST on Co-operative Housing Societies or their members living in Flats / Apartments.  Societies are run on Concept of Mutuality. Hon'ble Supreme Court has upheld that no tax could be levied on organisations running on mutual Benefit basis.  I. CHS works on no‐profit, no‐loss co‐operative model. Here services are received by members from the elected members of the society. People don't have any alternative but to live in a CHS. When CHS is formed by members, they do it out of necessity; and NOT for entertainment or for profit. Housing is a basic necess...

ALERT CITIZENS FORUM OF INDIA A7/303, Saket CHSL, Saket Marg, Thane (W) 400601 # 8879528575 July 21, 2017 The Hon. Finance Minister, Govt of India, North Block, New Delhi 110001 Respected Sir, Sub: Request to exempt Cooperative Housing Societies from the ambit of GST. With reference to the above, we have to submit as under: GST on cooperative housing societies : Our study of the subject highlights that is no reason to levy any GST on Co-operative Housing Societies or their members living in Flats / Apartments.  Societies are run on Concept of Mutuality. Hon'ble Supreme Court has upheld that no tax could be levied on organisations running on mutual Benefit basis.  I. CHS works on no‐profit, no‐loss co‐operative model. Here services are received by members from the elected members of the society. People don't have any alternative but to live in a CHS. When CHS is formed by members, they do it out of necessity; and NOT for entertainment or for profit. Housing is a basic necessit...

[Real estate developers peg the number of ongoing constructions at 3,000-5,000, but RERA authorities say the actual number is higher than 10,000.] With just a fortnight left to register ongoing projects under the  Real Estate Regulatory Authority  (RERA),  MahaRERA  authorities are cranking up the heat. Real estate developers peg the number of ongoing constructions at 3,000-5,000, but RERA authorities say the actual number is higher than 10,000. On Saturday, RERA officials told TOI that 596 developers and 3,500 agents had registered with them. Around 300 projects were cleared, and authorities said they will take action against unregistered projects after the deadline. Authorities have reached out to chief town planners for the rural areas and the urban development department through the local bodies. “If a construction has permission but has yet to be completed, it will come under our purview. Once we have the final list, it will be easier to take action. It...

[In the GST regime, businesses with turnover of up to Rs 20 lakh are exempt] Services provided by housing societies resident welfare association will not become expensive under the Goods and Services Tax ( GST ) regime, the  finance ministry  informed. Resident welfare association will be required to pay GST on monthly subscription/contribution charged from its members if such payment is more than Rs 5,000 per member and the annual turnover of  RWA  by way of supplying of services and goods is also more than Rs 20 lakhs. In the GST regime, businesses with turnover of up to Rs 20 lakh are exempt. Further, if the aggregate turnover of such RWA is up to Rs 20 lakh in a financial year, then such supplies will be exempted from GST, even if charges per member are more than Rs 5,000. However, RWAs supplying of services and goods aggregating more than Rs 20 lakhs per annum will attract 18 per cent GST. Clarifying reports that services provided by a  Hou...

Good news: *अनधिकृतमधून ‘अभय’* *दंडात्मक रकमेतून ९० टक्के सवलत* *नियमित होण्याजोग्या शेकडो इमारतींना योजनेतून संधी* *डीम्ड कन्व्हेअन्स, पुनर्विकासाचा मार्गही मोकळा* ठाणे ः महापालिकेची रितसर परवानगी घेऊन उभारलेल्या मात्र वाढीव बांधकामामुळे भोगवटा प्रमाणपत्र (ओसी) न मिळू शकलेल्या ठाण्यातील शेकडो इमारतींना दिलासा देण्यासाठी पालिकेने तीन वर्षांपूर्वी जाहीर केलेली अभय योजना फसली होती. मात्र, या योजनेत मुख्य अडसर ठरणाऱ्या दंडात्मक रकमेत (गुन्हा क्षमापन शुल्क) महापालिकेने घसघशीत अशी ९० टक्के सवलत देण्याचा निर्णय पालिकेने घेतला आहे. दंड भरून नियमित होण्याजोग्या शहरातील शेकडो इमारतींना त्यामुळे मोठा दिलासा मिळणार असून ओसी मिळाल्याने त्यांचा त्यांचा डीम्ड कन्व्हेअन्स आणि पुनर्विकासाचा मार्गही मोकळा होईल अशी आशा पल्लवित झाली आहे. पालिकेची रितसर परवानगी घेऊन उभ्या राहिलेल्या ठाण्यातील शेकडो इमारतींवर बेकायदा मजले उभारण्याचा प्रताप अनेक बिल्डरांनी केला आहे. त्यामुळे पूर्ण इमारत बेकायदा ठरवून तिला ओसी दिली जात नाही. अनेक बिल्डरांनी ओसी न घेताच इमारती वास्तव्यासाठी खुल्या केल्या आहेत. इमारतीला ओसी न...