Heading 9973 (Leasing or rental services without operator)
Services – Rates of Tax
GST
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Heading 9973
(Leasing or rental services 104[***] without operator)
124[*
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125[(ii) Temporary or permanent transfer or permitting the use or enjoyment of Intellectual Property (IP) right.
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(iii) Transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration.
Same rate of integrated tax as on supply of like goods involving transfer of title in goods
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(iv) Any transfer of right in goods or of undivided share in goods without the transfer of title thereof.
Same rate of integrated tax as on supply of like goods involving transfer of title in goods
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105[**
*
*]
26[(vi) Leasing of motor vehicles purchased and leased prior to 1st July 2017;
65 per cent. of the rate of integrated tax as applicable on supply of like goods involving transfer of title in goods.
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sp;w.e.f. 01-10-2021, before it was read as:
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Heading 9973
(Leasing or rental services 104[***] without operator)
(i) Temporary or permanent transfer or permitting the use or enjoyment of Intellectual Property (IP) right in respect of goods other than Information Technology software.
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(ii) Temporary or permanent transfer or permitting the use or enjoyment of Intellectual Property (IP) right in respect of Information Technology software.
[Please refer to Explanation no. (v)]
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(iii) Transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration.
Same rate of integrated tax as on supply of like goods involving transfer of title in goods
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(iv) Any transfer of right in goods or of undivided share in goods without the transfer of title thereof.
Same rate of integrated tax as on supply of like goods involving transfer of title in goods
–
105[**
*
*
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(ii) Temporary or permanent transfer or permitting the use or enjoyment of Intellectual Property (IP) right in respect of Information Technology software.
[Please refer to Explanation no. (v)]
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(iii) Transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration.
Same rate of integrated tax as on supply of like goods involving transfer of title in goods
–
(iv) Any transfer of right in goods or of undivided share in goods without the transfer of title thereof.
Same rate of integrated tax as on supply of like goods involving transfer of title in goods
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(v) Leasing of aircrafts by an operator for operating scheduled air transport service or scheduled air cargo service by way of transaction covered by clause (f) paragraph 5 of Schedule II of the Central Goods and Services Act, 2017.
Explanation.-
(a) “operator” means a person, organisation or enterprise engaged in or offerin
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s applicable on supply of like goods involving transfer of title in goods.
Note:- Nothing contained in this entry shall apply on or after 1st July, 2020.
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50[(vii) Time charter of vessels for transport of goods.
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Provided that credit of input tax charged on goods (other than on ships, vessels including bulk carriers and tankers) has not been taken [Please refer to Explanation no. (iv)].
(viia) Leasing or renting of goods
Same rate of integrated tax as applicable on supply of like goods involving transfer of title in goods
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(viii) Leasing or rental services, with or without operator, other than (i), (ii), (iii), (iv), (v), (vi), (vii) and (viia) above
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Clarification
* Clarification as to the rate of GST applicable on supply of services by way of granting mineral exploration and mining rights during the period from 1.07.2017 to 31.12.2018. [ See para 9 of Circular No. 164 /20 /2021-GST dated 06.10.2021 ]
* Clarification on “What is the GS
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efer to Explanation no. (v)]
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(iii) Transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration.
Same rate of integrated tax as on supply of like goods involving transfer of title in goods
–
(iv) Any transfer of right in goods or of undivided share in goods without the transfer of title thereof.
Same rate of integrated tax as on supply of like goods involving transfer of title in goods
–
(v) Leasing of aircrafts by an operator for operating scheduled air transport service or scheduled air cargo service by way of transaction covered by clause (f) paragraph 5 of Schedule II of the Central Goods and Services Act, 2017.
Explanation.-
(a) “operator” means a person, organisation or enterprise engaged in or offering to engage in aircraft operations;
(b) “scheduled air transport service” means an air transport service undertaken between the same two or more places operated according
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charter of vessels for transport of goods.
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Provided that credit of input tax charged on goods (other than on ships, vessels including bulk carriers and tankers) has not been taken [Please refer to Explanation no. (iv)].
(viii) Leasing or rental services, with or without operator, other than (i), (ii), (iii), (iv), (v), (vi) and (vii) above.
Same rate of integrated tax as applicable on supply of like goods involving transfer of title in goods.
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Clarification
* Clarification on “What is the GST rate applicable on rental services of self-propelled access equipment (Boom Scissors/ Telehandlers)? The equipment is imported at GST rate of 28% and leased further in India where operator is supplied by the leasing company, diesel for working of machine is supplied by customer and transportation cost including loading and unloading is also paid by the customer.” [ Circular No. 32/06/2018-GST dated 12.02.2018 ]
Notes:
As amended vide Notification No. 1/2018-Integrate
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aircrafts by an operator for operating scheduled air transport service or scheduled air cargo service by way of transaction covered by clause (f) paragraph 5 of Schedule II of the Central Goods and Services Act, 2017.
Explanation.-
(a) “operator” means a person, organisation or enterprise engaged in or offering to engage in aircraft operations;
(b) “scheduled air transport service” means an air transport service undertaken between the same two or more places operated according to a published time table or with flights so regular or frequent that they constitute a recognisable systematic series, each flight being open to use by members of the public;
(c) “scheduled air cargo service” means air transportation of cargo or mail on a scheduled basis according to a published time table or with flights so regular or frequent that they constitute a recognisably systematic series, not open to use by passengers.
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Provided that credit of input tax charged on goods used in s
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yment of Intellectual Property (IP) right in respect of goods other than Information Technology software.
12
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(ii) Temporary or permanent transfer or permitting the use or enjoyment of Intellectual Property (IP) right in respect of Information Technology software.
[Please refer to Explanation no. (v)]
18
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(iii) Transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration.
Same rate of integrated tax as on supply of like goods involving transfer of title in goods
–
(iv) Any transfer of right in goods or of undivided share in goods without the transfer of title thereof.
Same rate of integrated tax as on supply of like goods involving transfer of title in goods
–
(v) Leasing of aircrafts by an operator for operating scheduled air transport service or scheduled air cargo service by way of transaction covered by clause (f) paragraph 5 of Schedule II of the Central Goods an
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