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2021 (6) TMI 83 - AAR - GSTGovernment Entity or not - Damodar Valley Corporation - generation, transmission and distribution of electricity - flood control - irrigation and some connected activities like soil conservation, aforestation etc. - Applicability of N/N. 31/2017- Central Tax (Rate) dated 13.10.2017 - HELD THAT - The term Government entity as it has been defined in the aforesaid notifications evidently denotes that in order to qualify for a Government Entity, the applicant must have been set up by an Act of Parliament or by an Act of State Legislature or it must have been established by any of the Governments i.e. either by the Union Government or by the State Government with 90 percent or more participation by way of equity or control. Further, the applicant is to carry out a function entrusted by the Central Government, State Government, Union Territory or a local authority - It, therefore, appears that Damodar Valley Corporation fulfils the criterion laid down for Government entity as per Notification No. 31/2017-Central Tax (Rate)/32/2017- Central Tax (Rate) both dated 13.10.2017 since it has been set up by an Act of Parliament with 100% control to carry out the function entrusted by the Government. This Ruling is valid subject to the provisions under Section 103 until and unless declared void under Section 104(1) of the GST Act.
Issues Involved:
1. Whether Damodar Valley Corporation (DVC) qualifies as a "Government Entity" under Notification No. 31/2017-Central Tax (Rate) dated 13.10.2017. Issue-wise Detailed Analysis: 1. Definition and Criteria for "Government Entity": The term "Government Entity" is defined in Notification No. 11/2017-Central Tax (Rate) and Notification No. 12/2017-Central Tax (Rate), both dated 28th June 2017, and amended by Notification No. 31/2017-Central Tax (Rate) and Notification No. 32/2017-Central Tax (Rate) respectively, on 13.10.2017. A "Government Entity" is an authority, board, or body set up by an Act of Parliament or State Legislature, or established by any Government with 90% or more participation by way of equity or control, to carry out functions entrusted by the Central Government, State Government, Union Territory, or local authority. 2. Establishment and Structure of Damodar Valley Corporation: Damodar Valley Corporation (DVC) was established under the Damodar Valley Corporation Act, 1948, passed by the Central Legislature. The Act mandates participation from the Central Government and the State Governments of West Bengal and Bihar (now Jharkhand). 3. Capital and Control: Sections 30 and 31 of the DVC Act specify that the participating Governments provide the entire capital required by the Corporation. The capital is shared among the Central Government, and the State Governments of West Bengal and Jharkhand, ensuring 100% equity control by these Governments. 4. Functions Entrusted: Section 12 of the DVC Act outlines the functions entrusted to DVC, including irrigation, water supply, drainage, generation, transmission, and distribution of electrical energy, flood control, navigation, afforestation, soil erosion control, and public health promotion. These functions are directed by the Central Government in consultation with the State Governments. 5. Control and Direction by Central Government: Sections 48 and 51 of the DVC Act empower the Central Government to guide the Corporation on policy matters and remove any member of the Corporation if it fails to carry out its functions or follow directions. 6. Financial Assistance and Grants: DVC receives grants from the Central Government for various projects, including the National Hydrology Project and Soil Conservation Training Centre, indicating significant financial control and support from the Government. 7. Conclusion and Ruling: Based on the above observations, DVC meets the criteria for a "Government Entity" as it is established by an Act of Parliament, has 100% equity control by the participating Governments, and carries out functions entrusted by the Central Government. Therefore, DVC qualifies as a "Government Entity" under Notification No. 31/2017-Central Tax (Rate) and Notification No. 32/2017-Central Tax (Rate), both dated 13.10.2017. RULING: Damodar Valley Corporation is covered under the definition of "Government Entity" in terms of Notification No. 11/2017-Central Tax (Rate) dated 28th June 2017, as amended by Notification No. 31/2017-Central Tax (Rate) dated 13.10.2017, and Notification No. 12/2017-Central Tax (Rate) dated 28th June 2017, as amended by Notification No. 32/2017-Central Tax (Rate) dated 13.10.2017. This ruling is valid subject to the provisions under Section 103 until and unless declared void under Section 104(1) of the GST Act.
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