Seeks to exempt Central Government’s share of Profit Petroleum from Integrated tax.

Seeks to exempt Central Government’s share of Profit Petroleum from Integrated tax.
05/2018 Dated:- 25-1-2018 Integrated GST (IGST) Rate
GST
IGST Rate
IGST Rate
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 5/2018- Integrated Tax (Rate)
New Delhi, the 25th January, 2018
G.S.R.73 (E).- In exercise of the powers conferred by sub-section (1) of section 6 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), the Central Government,

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Seeks to provide special procedure with respect to payment of tax by registered person supplying service by way of construction against transfer of development right and vice versa.

Seeks to provide special procedure with respect to payment of tax by registered person supplying service by way of construction against transfer of development right and vice versa.
04/2018 Dated:- 25-1-2018 Integrated GST (IGST) Rate
GST
IGST Rate
IGST Rate
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 4/2018-Integrated Tax (Rate)
New Delhi, the 25th January, 2018
G.S.R. 72 (E).- In exercise of the powers conferred by section 20 of Integrated Goods and Services Tax Act, 2017 (13 of 2017) read with section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby notifies the following classes of registered pe

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Seeks to amend notification No. 10/2017- Integrated Tax (Rate) so as to specify services supplied by the Central Government, State Government, Union territory or local authority by way of renting of immovable property to a registered person unde

Seeks to amend notification No. 10/2017- Integrated Tax (Rate) so as to specify services supplied by the Central Government, State Government, Union territory or local authority by way of renting of immovable property to a registered person under CGST Act, 2017 to be taxed under Reverse Charge Mechanism (RCM).
03/2018 Dated:- 25-1-2018 Integrated GST (IGST) Rate
GST
IGST Rate
IGST Rate
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 3/2018- Integrated Tax (Rate)
New Delhi, the 25th January, 2018
G.S.R.71 (E).- In exercise of the powers conferred by sub-section (3) of section 5 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), the Central Government, on the recommendations o

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d under the Central Goods and Services Tax Act, 2017 (12 of 2017).
Central Government, State Government, Union territory or local authority
Any person registered under the Central Goods and Services Tax Act, 2017 read with clause (v) of section 20 of Integrated Goods and Services Tax Act, 2017.”;
(ii) in the Explanation, after clause (e), the following clause shall be inserted, namely: –
'(f) “insurance agent” shall have the same meaning as assigned to it in clause (10) of section 2 of the Insurance Act, 1938 (4 of 1938).'.
[F. No. 354/13/2018- TRU]
(Ruchi Bisht)
Under Secretary to the Government of India
Note: -The principal notification was published in the Gazette of India, Extraordinary, vide notification No. 10/2017 – Integrate

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Seeks to amend notification No. 8/2017- Integrated Tax (Rate) so as to notify IGST rates of various services as recommended by Goods and Services Tax Council in its 25th meeting held on 18.01.2018.

Seeks to amend notification No. 8/2017- Integrated Tax (Rate) so as to notify IGST rates of various services as recommended by Goods and Services Tax Council in its 25th meeting held on 18.01.2018.
01/2018 Dated:- 25-1-2018 Integrated GST (IGST) Rate
GST
IGST Rate
IGST Rate
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 1/2018-Integrated Tax (Rate)
New Delhi, the 25th January, 2018
G.S.R. 69 (E).- In exercise of the powers conferred by sub-section (1) of section 5, sub-section (1) of section 6 and clause (iii) and clause (iv) of section 20 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017) read with sub-section (5) of section 15 and sub-section (1) of section 16 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, and on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notific

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authority or urban development authority under the Housing for All (Urban) Mission/ Pradhan Mantri Awas Yojana (Urban);
(db) a civil structure or any other original works pertaining to the “houses constructed or acquired under the Credit Linked Subsidy Scheme for Economically Weaker Section (EWS)/ Lower Income Group (LIG)/ Middle Income Group-1 (MlG-1)/ Middle Income Group-2 (MlG-2)” under the Housing for All (Urban) Mission/ Pradhan Mantri Awas Yojana (Urban);';
(III) after sub-item (f), the following sub-items shall be inserted, namely: –
“(g) a building owned by an entity registered under section 12AA of the Income Tax Act, 1961 (43 of 1961), which is used for carrying out the activities of providing, centralised cooking or distribution, for mid-day meals under the mid-day meal scheme sponsored by the Central Government, State Government, Union territory or local authorities.”;
(B) in item (v),
(I) in sub-item (a), for the word “excluding”, the word “including” shall be subst

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procured by the said entity in relation to a work entrusted to it by the Central Government, State Government, Union territory or local authority, as the case may be.
(x) Composite supply of works contract as defined in clause (119) of section 2 of the Central Goods and Services Tax Act, 2017 provided by a sub-contractor to the main contractor providing services specified in item (vii) above to the Central Government, State Government, Union territory, a local authority, a Governmental Authority or a Government Entity.
5
Provided that where the services are supplied to a Government Entity, they should have been procured by the said entity in relation to a work entrusted to it by the Central Government, State Government, Union territory or local authority, as the case may be.
(xi) Services by way of housekeeping, such as plumbing, carpentering, etc. where the person supplying such service through electronic commerce operator is not liable for registration under subsection (1) of se

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al services of transport vehicles with or without operators, other than (i) and (ii) above.
18
-“;
(d) for serial number 16 and the entries relating thereto, the following shall be substituted, namely: –
(1)
(2)
(3)
(4)
(5)
“16
Heading 9972
(i) Services by the Central Government, State Government, Union territory or local authority to governmental authority or government entity, by way of lease of land.
Nil

(ii) Supply of land or undivided share of land by way of lease or sub lease where such supply is a part of composite supply of construction of flats etc. specified in the entry in column (3) against serial number 3, at item (i); sub-item (b), sub-item (c), sub-item (d), subitem (da) and sub-item (db) of item (iv); sub-item (b), sub-item (c), sub-item (d) and sub-item (da) of item (v); and sub-item (c) of item (vi).
Provided that nothing contained in this entry shall apply to an amount charged for such lease and sub-lease in excess of one third of the total amount c

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pplying the service”, the words and brackets “, other than the input tax credit of input service in the same line of business (i.e. tour operator service procured from another tour operator)” shall be inserted;
(g) against serial number 23, for item (ii) in column (3) and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, namely: –
(3)
(4)
(5)
“(ii) Services by way of house-keeping, such as plumbing, carpentering, etc. where the person supplying such service through electronic commerce operator is not liable for registration under sub-section (1) of section 22 of the Central Goods and Services Tax Act, 2017.
5
Provided that credit of input tax charged on goods and services has not been taken [Please refer to Explanation no. (iv)].
(iii) Support services other than (i) and (ii) above.
18
-“;
(h) against serial number 24,-
(A) in the Explanation to item (i) in column (3), in clause (i), after sub-clause (g), the following sub-clause

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nation no. (iv)].
(ii) Maintenance, repair and installation (except construction) services, other than (i) above.
18
-“;
(j) against serial number 26, in column (3),-
(A) in item (i), after sub-item (e), the following sub-item shall be inserted, namely: –
“(ea) manufacture of leather goods or footwear falling under Chapter 42 or 64 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975) respectively;”;
(B) for item (iii) and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, namely: –
(3)
(4)
(5)
“(iii) Tailoring services.
5

(iv) Manufacturing services on physical inputs (goods) owned by others, other than (i), (ia), (ii), (iia) and (iii) above.
18
-“;
(k) for serial number 32 and the entries relating thereto, the following shall be substituted, namely:-
(1)
(2)
(3)
(4)
(5)
“32
Heading 9994
(i)Services by way of treatment of effluents by a Common Effluent Treatment Plant.
12

(ii) Sewage and waste colle

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m (db) of item (iv); sub-item (b), sub-item (c), sub-item (d) and sub-item (da) of item (v); and sub-item (c) of item (vi), against serial number 3 of the Table above, involving transfer of land or undivided share of land, as the case may be, the value of such supply shall be equivalent to the total amount charged for such supply less the value of transfer of land or undivided share of land, as the case may be, and the value of such transfer of land or undivided share of land, as the case may be, in such supply shall be deemed to be one third of the total amount charged for such supply.
Explanation. -For the purposes of this paragraph, “total amount” means the sum total of,-
(a) consideration charged for aforesaid service; and
(b) amount charged for transfer of land or undivided share of land, as the case may be including by way of lease/sublease.”.
[F. No.354/13/2018-TRU]
(Ruchi Bisht)
Under Secretary to the Government of India
Note: – The principal notification was pub

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Seeks to exempt Central Government’s share of Profit Petroleum from Central tax

Seeks to exempt Central Government’s share of Profit Petroleum from Central tax
05/2018 Dated:- 25-1-2018 Central GST (CGST) Rate
GST
CGST Rate
CGST Rate
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 5/2018- Central Tax (Rate)
New Delhi, the 25th January, 2018
G.S.R. 68 (E).- In exercise of the powers conferred by sub-section (1) of section 11 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on being sa

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Seeks to provide special procedure with respect to payment of tax by registered person supplying service by way of construction against transfer of development right and vice versa

Seeks to provide special procedure with respect to payment of tax by registered person supplying service by way of construction against transfer of development right and vice versa
04/2018 Dated:- 25-1-2018 Central GST (CGST) Rate
GST
CGST Rate
CGST Rate
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 4/2018-Central Tax (Rate)
New Delhi, the 25th January, 2018
G.S.R. 67 (E).- In exercise of the powers conferred by section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby notifies the following classes of registered persons, namely :-
(a) registered persons who supply development rights to a developer, b

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Seek to amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.12/2017- Central Tax (Rate), dated the 28thJune, 2017.

Seek to amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.12/2017- Central Tax (Rate), dated the 28thJune, 2017.
02/2018 Dated:- 25-1-2018 Central GST (CGST) Rate
GST
CGST Rate
CGST Rate
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 2/2018- Central Tax (Rate)
New Delhi, the 25th January, 2018
G.S.R. 65 (E).- In exercise of the powers conferred by sub-section (1) of section 11 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.12/2017- Central Tax (Rate), dated the 28thJune, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G

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column (3), for the words “one year”, the words “three years” shall be substituted;
(d) after serial number 19 and the entries relating thereto, the following serial number and entries shall be inserted, namely: –
(1)
(2)
(3)
(4)
(5)
“19A
Heading 9965
Services by way of transportation of goods by an aircraft from customs station of clearance in India to a place outside India.
Nil
Nothing contained in this serial number shall apply after the 30th day of September, 2018.
19B
Heading 9965
Services by way of transportation of goods by a vessel from customs station of clearance in India to a place outside India.
Nil
Nothing contained in this serial number shall apply after the 30th day of September, 2018.”;
(e) against serial number 22, in the entry in column (3), after item (b), the following item shall be inserted, namely: –
“(c) motor vehicle for transport of students, faculty and staff, to a person providing services of transportation of students, faculty and staff to

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39 and the entries relating thereto, the following serial number and entries shall be inserted, namely: –
(1)
(2)
(3)
(4)
(5)
“39A
Heading 9971
Services by an intermediary of financial services located in a multi services SEZ with International Financial Services Centre (IFSC) status to a customer located outside India for international financial services in currencies other than Indian rupees (INR).
Explanation.- For the purposes of this entry, the intermediary of financial services in IFSC is a person,-
(i) who is permitted or recognised as such by the Government of India or any Regulator appointed for regulation of IFSC; or
(ii) who is treated as a person resident outside India under the Foreign Exchange Management (International Financial Services Centre) Regulations, 2015; or
(iii) who is registered under the Insurance Regulatory and Development Authority of India (International Financial Service Centre) Guidelines, 2015 as IFSC Insurance Office; or
(iv) who is

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number and entries shall be inserted, namely:
(1)
(2)
(3)
(4)
(5)
“53A
Heading 9985
Services by way of fumigation in a warehouse of agricultural produce.
Nil
Nil”;
(l) against serial number 54, in the entry in column (3), after item (g), the following item shall be inserted, namely:-
“(h) services by way of fumigation in a warehouse of agricultural produce.”;
(m) against serial number 60, in the entry in column (3), the words “the Ministry of External Affairs,” shall be omitted;
(n) after serial number 65 and the entries relating thereto, the following serial number and entries shall be inserted, namely: –
(1)
(2)
(3)
(4)
(5)
“65A
Heading 9991
Services by way of providing information under the Right to Information Act, 2005 (22 of 2005).
Nil
Nil”;
(o) against serial number 66, in the entry in column (3),-
(i) after item (a), the following item shall be inserted, namely:-
“(aa) by an educational institution by way of conduct of entrance examination against c

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umber 81, for the entry in column (3), the following entry shall be substituted, namely: –
“Services by way of right to admission to-
(a) circus, dance, or theatrical performance including drama or ballet;
(b) award function, concert, pageant, musical performance or any sporting event other than a recognised sporting event;
(c) recognised sporting event;
(d) planetarium, where the consideration for right to admission to the events or places as referred to in items (a), (b), (c) or (d) above is not more than ₹ 500 per person.”.
[F. No.354/13/2018 -TRU]
(Ruchi Bisht)
Under Secretary to the Government of India
Note: -The principal notification was published in the Gazette of India, Extraordinary, vide notification No. 12/2017 – Central Tax (Rate), dated the 28thJune, 2017, vide number G.S.R. 691 (E), dated the 28th June, 2017 and was last amended by notification No.47/2017 – Central Tax (Rate), dated the 14th November, 2017 vide number G.S.R. 1406(E), dated the 14th

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Seeks to amend notification No. 13/2017- Central Tax (Rate) so as to specify services supplied by the Central Government, State Government, Union territory or local authority by way of renting of immovable property to a registered person under C

Seeks to amend notification No. 13/2017- Central Tax (Rate) so as to specify services supplied by the Central Government, State Government, Union territory or local authority by way of renting of immovable property to a registered person under CGST Act, 2017 to be taxed under Reverse Charge Mechanism (RCM)
03/2018 Dated:- 25-1-2018 Central GST (CGST) Rate
GST
CGST Rate
CGST Rate
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 3/2018- Central Tax (Rate)
New Delhi, the 25th January, 2018
G.S.R. 66 (E).- In exercise of the powers conferred by sub-section (3) of section 9 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Counci

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al Goods and Services Tax Act, 2017 (12 of 2017).
Central Government, State Government, Union territory or local authority
Any person registered under the Central Goods and Services Tax Act, 2017.”;
(ii) in the Explanation, after clause (e), the following clause shall be inserted, namely: –
'(f) “insurance agent” shall have the same meaning as assigned to it in clause (10) of section 2 of the Insurance Act, 1938 (4 of 1938).'.
[F. No. 354/13/2018- TRU]
(Ruchi Bisht)
Under Secretary to the Government of India
Note: -The principal notification was published in the Gazette of India, Extraordinary, vide notification No. 13/2017 – Central Tax (Rate), dated the 28th June, 2017, vide number G.S.R. 692 (E), dated the 28thJune, 2017 and was

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Seeks to amend notification No. 11/2017- Central Tax (Rate) so as to notify CGST rates of various services as recommended by Goods and Services Tax Council in its 25th meeting held on 18.01.2018.

Seeks to amend notification No. 11/2017- Central Tax (Rate) so as to notify CGST rates of various services as recommended by Goods and Services Tax Council in its 25th meeting held on 18.01.2018.
01/2018 Dated:- 25-1-2018 Union Territory GST (UTGST) Rate
GST
UTGST Rate
UTGST Rate
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 1/2018-Union Territory Tax (Rate)
New Delhi, the 25th January, 2018
G.S.R. 75 (E).- In exercise of the powers conferred by sub-section (1) of section 7, sub-section (1) of section 8 and clause (iv) and clause (v) of section 21 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017) read with sub-section (5) of section 15 and sub-section (1) of section 16 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, and on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments

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Territory or local authority or urban development authority under the Housing for All (Urban) Mission/ Pradhan Mantri Awas Yojana (Urban);
(db) a civil structure or any other original works pertaining to the “houses constructed or acquired under the Credit Linked Subsidy Scheme for Economically Weaker Section (EWS)/ Lower Income Group (LIG)/ Middle Income Group-1 (MlG-1)/ Middle Income Group-2 (MlG-2)” under the Housing for All (Urban) Mission/ Pradhan Mantri Awas Yojana (Urban);';
(III) after sub-item (f), the following sub-items shall be inserted, namely: –
“(g) a building owned by an entity registered under section 12AA of the Income Tax Act, 1961 (43 of 1961), which is used for carrying out the activities of providing, centralised cooking or distribution, for mid-day meals under the mid-day meal scheme sponsored by the Central Government, State Government, Union territory or local authorities.”;
(B) in item (v),
(I) in sub-item (a), for the word “excluding”, the word “inc

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ty, they should have been procured by the said entity in relation to a work entrusted to it by the Central Government, State Government, Union territory or local authority, as the case may be.
(x) Composite supply of works contract as defined in clause (119) of section 2 of the Central Goods and Services Tax Act, 2017 provided by a sub-contractor to the main contractor providing services specified in item (vii) above to the Central Government, State Government, Union territory, a local authority, a Governmental Authority or a Government Entity.
2.5
Provided that where the services are supplied to a Government Entity, they should have been procured by the said entity in relation to a work entrusted to it by the Central Government, State Government, Union territory or local authority, as the case may be.
(xi) Services by way of housekeeping, such as plumbing, carpentering, etc. where the person supplying such service through electronic commerce operator is not liable for registration

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no. (iv)].
(iii) Rental services of transport vehicles with or without operators, other than (i) and (ii) above.
9
-“;
(d) for serial number 16 and the entries relating thereto, the following shall be substituted, namely: –
(1)
(2)
(3)
(4)
(5)
“16
Heading 9972
(i) Services by the Central Government, State Government, Union territory or local authority to governmental authority or government entity, by way of lease of land.
Nil

(ii) Supply of land or undivided share of land by way of lease or sub lease where such supply is a part of composite supply of construction of flats, etc. specified in the entry in column (3), against serial number 3, at item (i); sub-item (b), sub-item (c), subitem (d), sub-item (da) and sub-item (db) of item (iv); sub-item (b), sub-item (c), sub-item (d) and sub-item (da) of item (v); and sub-item (c) of item (vi).
Provided that nothing contained in this entry shall apply to an amount charged for such lease and sub-lease in excess of one thir

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5), after the words “supplying the service”, the words and brackets “, other than the input tax credit of input service in the same line of business (i.e. tour operator service procured from another tour operator)” shall be inserted;
(g) against serial number 23, for item (ii) in column (3) and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, namely: –
(3)
(4)
(5)
“(ii) Services by way of house-keeping, such as plumbing, carpentering, etc. where the person supplying such service through electronic commerce operator is not liable for registration under sub-section (1) of section 22 of the Central Goods and Services Tax Act, 2017.
2.5
Provided that credit of input tax charged on goods and services has not been taken [Please refer to Explanation no. (iv)].
(iii) Support services other than (i) and (ii) above.
9
-“;
(h) against serial number 24,-
(A) in the Explanation to item (i) in column (3), in clause (i), after sub-clause (g),

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n [Please refer to Explanation no. (iv)].
(ii) Maintenance, repair and installation (except construction) services, other than (i) above.
9
-“;
(j) against serial number 26, in column (3),-
A. in item (i), after sub-item (e), the following sub-item shall be inserted, namely: –
“(ea) manufacture of leather goods or footwear falling under Chapter 42 or 64 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975) respectively;”;
B. for item (iii) and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, namely: –
(3)
(4)
(5)
“(iii) Tailoring services
2.5

(iv) Manufacturing services on physical inputs (goods) owned by others, other than (i), (ia), (ii), (iia) and (iii) above.
9
-“;
(k) for serial number 32 and the entries relating thereto, the following shall be substituted, namely:-
(1)
(2)
(3)
(4)
(5)
“32
Heading 9994
(i)Services by way of treatment of effluents by a Common Effluent Treatment Plant.
6

(ii)

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em (da) and sub-item (db) of item (iv); sub-item (b), sub-item (c), sub-item (d) and sub-item (da) of item (v); and sub-item (c) of item (vi), against serial number 3 of the Table above, involving transfer of land or undivided share of land, as the case may be, the value of such supply shall be equivalent to the total amount charged for such supply less the value of transfer of land or undivided share of land, as the case may be, and the value of such transfer of land or undivided share of land, as the case may be, in such supply shall be deemed to be one third of the total amount charged for such supply.
Explanation. -For the purposes of this paragraph, “total amount” means the sum total of,-
(a) consideration charged for aforesaid service; and
(b) amount charged for transfer of land or undivided share of land, as the case may be including by way of lease/sublease.”.
[F. No.354/13/2018-TRU]
(Ruchi Bisht)
Under Secretary to the Government of India
Note: – The principal notific

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Seeks to exempt Central Government’s share of Profit Petroleum from Central tax

Seeks to exempt Central Government’s share of Profit Petroleum from Central tax
05/2018 Dated:- 25-1-2018 Union Territory GST (UTGST) Rate
GST
UTGST Rate
UTGST Rate
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 5/2018- Union Territory Tax (Rate)
New Delhi, the 25th January, 2018
G.S.R. 79 (E).- In exercise of the powers conferred by sub-section (1) of section 8 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017), the Centr

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Seeks to amend notification No. 12/2017- Central Tax (Rate) so as to exempt certain services as recommended by Goods and Services Tax Council in its 25th meeting held on 18.01.2018.

Seeks to amend notification No. 12/2017- Central Tax (Rate) so as to exempt certain services as recommended by Goods and Services Tax Council in its 25th meeting held on 18.01.2018.
02/2018 Dated:- 25-1-2018 Union Territory GST (UTGST) Rate
GST
UTGST Rate
UTGST Rate
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 2/2018- Union Territory Tax (Rate)
New Delhi, the 25th January, 2018
G.S.R. 76 (E).- In exercise of the powers conferred by sub-section (1) of section 8 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017), the Central Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.12/2017- Union Territory Tax (Rate), dated the 28th June, 2017, published in the Gazette of India, Extraordinary, Part II, S

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serial number 16, in the entry in column (3), for the words “one year”, the words “three years” shall be substituted;
(d) after serial number 19 and the entries relating thereto, the following serial number and entries shall be inserted, namely: –
(1)
(2)
(3)
(4)
(5)
“19A
Heading 9965
Services by way of transportation of goods by an aircraft from customs station of clearance in India to a place outside India.
Nil
Nothing contained in this serial number shall apply after the 30th day of September 2018.
19B
Heading 9965
Services by way of transportation of goods by a vessel from customs station of clearance in India to a place outside India.
Nil
Nothing contained in this serial number shall apply after the 30th day of September 2018.”;
(e) against serial number 22, in the entry in column (3), after item (b), the following item shall be inserted, namely: –
“(c) motor vehicle for transport of students, faculty and staff, to a person providing services of transportati

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r 36.
Nil
Nil”;
(i) after serial number 39 and the entries relating thereto, the following serial number and entries shall be inserted, namely: –
(1)
(2)
(3)
(4)
(5)
“39A
Heading 9971
Services by an intermediary of financial services located in a multi services SEZ with International Financial Services Centre (IFSC) status to a customer located outside India for international financial services in currencies other than Indian rupees (INR).
Explanation.- For the purposes of this entry, the intermediary of financial services in IFSC is a person,-
(i) who is permitted or recognised as such by the Government of India or any Regulator appointed for regulation of IFSC; or
(ii) who is treated as a person resident outside India under the Foreign Exchange Management (International Financial Services Centre) Regulations, 2015; or
(iii) who is registered under the Insurance Regulatory and Development Authority of India (International Financial Service Centre) Guidelines, 201

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entries relating thereto, the following serial number and entries shall be inserted, namely: –
(1)
(2)
(3)
(4)
(5)
“53A
Heading 9985
Services by way of fumigation in a warehouse of agricultural produce.
Nil
Nil”;
(l) against serial number 54, in the entry in column (3), after item (g), the following item shall be inserted, namely:-
“(h) services by way of fumigation in a warehouse of agricultural produce.”;
(m) against serial number 60, in the entry in column (3), the words “the Ministry of External Affairs,” shall be omitted;
(n) after serial number 65 and the entries relating thereto, the following serial number and entries shall be inserted, namely: –
(1)
(2)
(3)
(4)
(5)
“65A
Heading 9991
Services by way of providing information under the Right to Information Act, 2005 (22 of 2005).
Nil
Nil”;
(o) against serial number 66, in the entry in column (3),-
(i) after item (a), the following item shall be inserted, namely:-
“(aa) by an educational institution

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five hundred” shall be substituted;
(q) against serial number 81, for the entry in column (3), the following entry shall be substituted namely: –
“Services by way of right to admission to-
(a) circus, dance, or theatrical performance including drama or ballet;
(b) award function, concert, pageant, musical performance or any sporting event other than a recognised sporting event;
(c) recognised sporting event;
(d) planetarium, where the consideration for right to admission to the events or places as referred to in items (a), (b), (c) or (d) above is not more than ₹ 500 per person.”.
[F. No.354/13/2018 -TRU]
(Ruchi Bisht)
Under Secretary to the Government of India
Note: -The principal notification was published in the Gazette of India, Extraordinary, vide notification No. 12/2017 – Union Territory Tax (Rate), dated the 28thJune, 2017, vide number G.S.R. 703 (E), dated the 28th June, 2017 and was last amended by notification No.47/2017 – Union Territory Tax (Rat

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Seeks to provide special procedure with respect to payment of tax by registered person supplying service by way of construction against transfer of development right and vice versa

Seeks to provide special procedure with respect to payment of tax by registered person supplying service by way of construction against transfer of development right and vice versa
04/2018 Dated:- 25-1-2018 Union Territory GST (UTGST) Rate
GST
UTGST Rate
UTGST Rate
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 4/2018-Union Territory Tax (Rate)
New Delhi, the 25th January, 2018
G.S.R.78 (E).- In exercise of the powers conferred by section 21 of Union Territory Goods and Services Tax Act, 2017 (14 of 2017) read with section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby notifies the following classes

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ts referred to in clause (b) above, shall arise at the time when the said developer, builder, construction company or any other registered person, as the case may be, transfers possession or the right in the constructed complex, building or civil structure, to the person supplying the development rights by entering into a conveyance deed or similar instrument (for example allotment letter).
1[Explanation.-Nothing contained in this notification shall apply with respect to the development rights supplied on or after 1st April, 2019.]
[F. No.354/13/2018 -TRU]
(Ruchi Bisht)
Under Secretary to the Government of India
*********
Notes
1. Inserted vide Notification No. 23/2019- Union Territory Tax (Rate) dated 30-09-2019 w.e.f. 01-10-2019

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Seeks to amend notification No. 13/2017- Central Tax (Rate) so as to specify services supplied by the Central Government, State Government, Union territory or local authority by way of renting of immovable property to a registered person under C

Seeks to amend notification No. 13/2017- Central Tax (Rate) so as to specify services supplied by the Central Government, State Government, Union territory or local authority by way of renting of immovable property to a registered person under CGST Act, 2017 to be taxed under Reverse Charge Mechanism (RCM)
03/2018 Dated:- 25-1-2018 Union Territory GST (UTGST) Rate
GST
UTGST Rate
UTGST Rate
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 3/2018- Union Territory Tax (Rate)
New Delhi, the 25th January, 2018
G.S.R. 77 (E).- In exercise of the powers conferred by sub-section (3) of section 7 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017), the Central Government, on the re

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a person registered under the Central Goods and Services Tax Act, 2017 (12 of 2017).
Central Government, State Government, Union territory or local authority
Any person registered under the Central Goods and Services Tax Act, 2017 read with clause (vi) of section 21 of Union Territory Goods and Services Act, 2017″;
(ii) in the Explanation, after clause (e), the following clause shall be inserted, namely: –
'(f) “insurance agent” shall have the same meaning as assigned to it in clause (10) of section 2 of the Insurance Act, 1938 (4 of 1938).'.
[F. No. 354/13/2018- TRU]
(Ruchi Bisht)
Under Secretary to the Government of India
Note: -The principal notification was published in the Gazette of India, Extraordinary, vide notification No.

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REIMBURSEMENT OF EXPENSES ON AIR TICKETS

REIMBURSEMENT OF EXPENSES ON AIR TICKETS
Query (Issue) Started By: – ROHIT GOEL Dated:- 24-1-2018 Last Reply Date:- 31-1-2018 Goods and Services Tax – GST
Got 12 Replies
GST
WHETHER A SERVICE PROVIDER WHO GET REIMBURSEMENT OF TRAIN TICKETS, AIR TICKETS ON ACTUAL BASIS LIABLE TO PAY GST @18% ON THE COST OF TICKETS
Reply By Ganeshan Kalyani:
The Reply:
Can you please elaborate your query with an example.
Reply By ROHIT GOEL:
The Reply:
Example: A chartered Accountant travel by air and cost of air ticket reimbursed by client. Question whether gst is to be charged on cost of air ticket along with audit fees
Reply By KASTURI SETHI:
The Reply:
NOT required to pay GST on cost of tickets. Cost of ticket cannot be part of transaction value because it does not go into your pocket. You pay and then get reimbursement. GST already paid. No double taxation.
Reply By MARIAPPAN GOVINDARAJAN:
The Reply:
Whether the service provider can take input tax credit on the air ticket of C

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y in the name of client but paid by CA, then pure agent concept comes in picture. In that case also the CA will bill separately for ticket inclusive of GST amount without creating liability for GST but for that all the condition of pure agent has to be fulfilled by client as we as pure agent.
Reply By KASTURI SETHI:
The Reply:
Yes. Sir. I agree with you to the extent of concept of pure agent. C.A. works as pure agent also.
Reply By Himansu Sekhar:
The Reply:
With humility I slightly differ from Sri Ruia's view.
As per Rule 33 of the CGST Rules,2017 .Value of supply of services in case of pure agent.-Notwithstanding anything contained in the provisions of this Chapter, the expenditure or costs incurred by a supplier as a pure agent of the recipient of supply shall be excluded from the value of supply, if all the following conditions are satisfied, namely,-
(i) the supplier acts as a pure agent of the recipient of the supply, when he makes the payment to the third party on auth

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for supply he provides on his own account.
Illustration.- Corporate services firm A is engaged to handle the legal work pertaining to the incorporation of Company B. Other than its service fees, A also recovers from B, registration fee and approval fee for the name of the company paid to the Registrar of Companies. The fees charged by the Registrar of Companies for the registration and approval of the name are compulsorily levied on B. A is merely acting as a pure agent in the payment of those fees. Therefore, A's recovery of such expenses is a disbursement and not part of the value of supply made by A to B.
In the instant case, the expenses towards the travel are n the interest of the client. It is not a pure agent concept. Be that the case, every body will not include many expenses like Hotel bills, Restaurant bills and other expenses incurred by the CA during the provison of the service.
Reply By Ganeshan Kalyani:
The Reply:
CA should not enjoy the benefit of air travel. He just

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ARREST PROVISIONS UNDER GST (PART-2)

ARREST PROVISIONS UNDER GST (PART-2)
By: – Dr. Sanjiv Agarwal
Goods and Services Tax – GST
Dated:- 24-1-2018

Safeguards provided under GST Act for an arrested person
There are certain safeguards provided under section 69 for a person who is placed under arrest.
These are:
If a person is arrested for a cognizable offence, he must be informed in writing of the grounds of arrest and he must be produced before a magistrate within 24 hours of his arrest
(i) If a person is arrested for a non-cognizable and bailable offence, the Deputy/ Assistant Commissioner of CGST/SGST can release him on bail and he will be subject to the same provisions as an officer in-charge of a police station under section 436 of the Code of Criminal Procedure, 1973;
(ii) All arrest must be in accordance with the provisions of the Code of Criminal Procedure, 1973 relating to arrest.
Rights of an arrested person
Article 22 of the Constitution of India provides the following fundamental rights

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to evade tax is evident and an element of mens rea (criminal intent) is palpable.
On arrest procedure, the provisions of Code of Criminal Procedure, 1973 relating to arrest must be taken care of. It is necessary for officers to be truly conversant with the same. Though there is no prescribed form for arrest memo but an arrest memo should ideally include –
* brief facts of the case;
* details of the person arrested;
* gist of evidences against the person;
* relevant section(s) of the GST law or other laws attracted to the case and to the arrested person;
* the grounds of arrest must be explained to the arrested person and this fact be noted in the arrest memo;
* a nominated person (as per the details provided by arrested person) of the arrested person should be informed immediately and this fact also may be mentioned in the arrest memo;
* the date and time of arrest may be mentioned in the arrest memo and the arrest memo should be given to the person arrested under prope

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rested person.
Supreme court principles/directions on arrest
In view of the increasing incidences of violence and torture in custody, the Supreme Court of India [in D.K. Basu v State of West Bengal 1996 (12) TMI 350 – SUPREME COURT ] has laid down 11 specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are:
(1) Police arresting and interrogating suspects should wear “accurate, visible and clear” identification and name tags, and details of interrogating police officers should be recorded in a register.
(2) A memo of arrest must be prepared at the time of arrest. This should:
(a) have the time and date of arrest.
(b) be attested by at least one witness who may either be a family member of the person arrested or a respectable person of the locality where the arrest was made.
(c) be counter-signed by the person arrested.
(3) The person arrested, detained or being interrogated h

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if any should be recorded. The “Inspection Memo” should be signed by the person arrested as well as the arresting police officer. A copy of this memo must be given to the person arrested.
(8) The person arrested must have a medical examination by a qualified doctor every 48 hours during detention. This should be done by a doctor who is on the panel, which must be constituted by the Director of Health Services of every State.
(9) Copies of all documents including the arrest memo have to be sent to the area Magistrate for his record.
(10) The person arrested has a right to meet a lawyer during the interrogation, although not for the whole time.
(11) There should be a police control room in every district and state headquarters where information regarding the arrest and the place of custody of the person arrested must be sent by the arresting officer. This must be done within 12 hours of the arrest.
The control room should prominently display the information on a notice board. T

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Rule 138B of CGST Rules 2017: Ensuring GST Compliance Through Document Verification and Goods Inspection to Prevent Tax Evasion.

Rule 138B of CGST Rules 2017: Ensuring GST Compliance Through Document Verification and Goods Inspection to Prevent Tax Evasion.
Act-Rules
GST
Verification of documents and conveyances. – Rul

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E-Way Bill Rules Overhauled: Goods Exemption List Shrinks from 154 to 8 Under Amended CGST Rule 138.

E-Way Bill Rules Overhauled: Goods Exemption List Shrinks from 154 to 8 Under Amended CGST Rule 138.
Act-Rules
GST
Information to be furnished prior to commencement of movement of goods and g

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Refund Restrictions on Integrated Tax for Exports Under Deemed Export Procedure per Rule 96(10) CGST Rules 2017.

Refund Restrictions on Integrated Tax for Exports Under Deemed Export Procedure per Rule 96(10) CGST Rules 2017.
Act-Rules
GST
Refund of integrated tax paid on goods or services exported out

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CGST Rule 89: Understanding Refund Claims for Deemed Exports under Sub-Rules 4A & 4B.

CGST Rule 89: Understanding Refund Claims for Deemed Exports under Sub-Rules 4A & 4B.
Act-Rules
GST
Application for refund of tax, interest, penalty, fees or any other amount – Receipt of sup

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Transporters Must Carry Tax Invoice or Bill of Supply When E-Way Bill Not Required: Rule 55A, CGST Rules 2017.

Transporters Must Carry Tax Invoice or Bill of Supply When E-Way Bill Not Required: Rule 55A, CGST Rules 2017.
Act-Rules
GST
Documents to be carried by the transporter where e-bill is not req

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ITC ELEIGIBILITY FOR EMPLOYEES OUTSTATION TRIP STAY, TICKETS ETC

ITC ELEIGIBILITY FOR EMPLOYEES OUTSTATION TRIP STAY, TICKETS ETC
Query (Issue) Started By: – SAFETAB LIFESCIENCE Dated:- 24-1-2018 Last Reply Date:- 9-2-2018 Goods and Services Tax – GST
Got 22 Replies
GST
Dear Experts,
Our comopany staff use to travel frequently for marketing purpose and stay at outstations.
Can we avail ITC of the GST paid Flight Tickets charged by flight operators, GST paid on Travel agency's bills, hotel bills. We are getting bills with IGST from outstation parties and CGST+SGST for local bills properly.
For e.g., Our company is in Pondicherry and our employees are staying in Mumbai. Some hotels are giving only CGST+IGST bills as their place of supply is Maharastra. In that case, shall we take ITC of that CGST and SGST ???
Reply By Rajagopalan Ranganathan:
The Reply:
Sir,
You have to prove that the expenditure incurred by you are in the course of or furtherance of business. As per section 17 (5) (g) of CGST Act, 2017 gst paid on goods or se

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ess. The Invoice should be issued properly by the supplier. Please correct me, if I am mistaken.
Reply By KASTURI SETHI:
The Reply:
I agree with Sh.Alkesh Jani. 100% perfect.
Reply By SAFETAB LIFESCIENCE:
The Reply:
Dear Sirs,
Thanks for your replies. I think my question in last para is not answered. That is my major doubt. Please do not mistake me.
Our company is in Pondicherry and our employees are staying in Mumbai. Some hotels are giving only CGST+IGST bills as their place of supply is Maharastra. In that case, shall we take ITC of that CGST and SGST ???
My major doubt is whether we can avail ITC of other state party's bill wherein CGST+SGST are charged . I know if they charge IGST , we can take credit.
Reply By KASTURI SETHI:
The Reply:
Dear Querist, Your employee went out of State and he received service in the hotel there. Service provider provided service in his state. Hotel owner cannot charge IGST because there is no movement of goods or service out of State.

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hat only IGST credit or CGST or SGST credit is to be taken. Moreover, the query raised by you is for the purpose of paying tax and it does not restrict for ITC. Pls correct me if mistaken.
Reply By SAFETAB LIFESCIENCE:
The Reply:
Dear Sir,
Thanks for your reply and guidance. Earlier, we were told if we enter the suppliers GST number of other states and if we try to avail ITC (CGST+SGST), GST portal won't allow. Now, I am clear that even the other state supplier's local tax (SGST+CGST) can also be availed ITC by us. Thanks once again JI.
Reply By KASTURI SETHI:
The Reply:
Sh.Jani Ji, You have echoed my views. Mean to say I agree with interpretation.
Reply By Himansu Sekhar:
The Reply:
ITC of cgst and sgst bills of other states will not be allowed. The clarifications have been issued in this regards. Sgst act does not support such availment of credit.
Reply By Ramaswamy S:
The Reply:
Travel charges (flight, travel agent service etc) are eligible for ITC (IGST).
Boardin

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he amount remaining, if any, may be utilised towards the payment of integrated tax
(104) “State tax” means the tax levied under this Act;
Hence Bihar State tax cannot be utilised for payment of any other state tax. It is an example .
The FAQ is a clarification as I opined.
Reply By KASTURI SETHI:
The Reply:
Yes. In pre-GST era, credit of VAT was for respective State only. Now SGST correspondents to erstwhile VAT.
Reply By VaibhavKumar Jain:
The Reply:
ITC of CGST and SGST charged by hotel in another State can only be taken through ISD route, otherwise you can't avail such credit.
Reply By SAFETAB LIFESCIENCE:
The Reply:
Dear Team,
Thanks for all your replies. Thanks to Mr. Vaibav for today's reply.
Reply By KASTURI SETHI:
The Reply:
Sh.Jain Ji,. Your hardwork and search is appreciable. I think ISD route is foolproof and hassle-free. Nothing is lost if an assessee is registered as ISD but this was the sword of 'place of supply' will relegated to the backg

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New Tax Invoice Rules for ISDs and Service Recipients in Same State u/r 54(1A) of CGST 2017.

New Tax Invoice Rules for ISDs and Service Recipients in Same State u/r 54(1A) of CGST 2017.
Act-Rules
GST
Tax invoice in special cases – ISD invoice – new format particulars where ISD and re

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Changes to Rule 43 CGST: Impact on Input Tax Credit Reversal for Capital Goods and Definition of Exempted Supplies.

Changes to Rule 43 CGST: Impact on Input Tax Credit Reversal for Capital Goods and Definition of Exempted Supplies.
Act-Rules
GST
Manner of determination of input tax credit in respect of cap

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Migrated persons must apply to cancel GST registration by March 31, 2018, per Rule 24(4) CGST Rules, 2017.

Migrated persons must apply to cancel GST registration by March 31, 2018, per Rule 24(4) CGST Rules, 2017.
Act-Rules
GST
Cancellation of GST registration in case of Migrated Persons registere

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GST Registration Cancellation Allowed Within One Year of Voluntary Registration per Rule 20 of CGST Rules 2017.

GST Registration Cancellation Allowed Within One Year of Voluntary Registration per Rule 20 of CGST Rules 2017.
Act-Rules
GST
Application for cancellation of registration – application for ca

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