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Profession tax - state of maharashtra

(Querist) 02 April 2023 This query is : Resolved 
Whether Profession Tax is applicable in the case of registered housing societies which does not do any business or trade
T. Kalaiselvan, Advocate (Expert) 03 April 2023
Under Section 2(e), a “person” means a “ANY Society” and Under Section 3 of the Profession Tax Act, all “cooperative societies” are covered /liable to pay Profession Tax.
EACH & EVERY Housing Society (CHS), registered under the “Maharashtra Cooperative Societies Act“, are statutorily & mandatorily bound to pay “Profession Tax”, for itself (CHS), and for its employees, under the provisions of “MAHARASHTRA STATE TAX ON PROFESSIONS, TRADES, CALLINGS AND EMPLOYMENTS ACTS, 1975” (in short: Profession Tax Act). a) There is no exemption for any CHS to escape from this statutory & mandatory liability, irrespective of whether it is a small or big CHS. b) The liability of an CHS, begins from the date of its Society Registration Certificate. e.g. “IF” the CHS was registered in 1977, THEN the liability to pay Profession Tax, starts from 1977.

Unnikrishnan Warrier (Querist) 05 April 2023
The Act Says - Co-operative Societies registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) and engaged in any profession, trade or calling,—
It says engaged in any profession, trade or calling. Thus if the society is not engaged in any profession, trade or calling and only looks after the maintenance of the society, then will Profession Tax be applicable?
P. Venu (Expert) 14 April 2023
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