Seeks to amend notification No. S.R.O.No. 370/2017 so as to notify KSGST rates of various services as recommended by Goods and Services Tax Council in its 28th meeting held on 21.07.2018 - S. R. O. No. 513/2018 - Kerala SGST

GOVERNMENT OF KERALA Taxes (B) Department NOTIFICATION G.O. (P) No. 110/2018/Taxes Dated, Thiruvananthapuram, 27th July, 2018 S. R. O. No. 513/2018.- In exercise of the powers conferred by sub-section (1) of section 9, sub-section (1) of section 11, sub-section (5) of section 15 and sub-section (1) of section 16 of the Kerala State Goods and Services Tax Act, 2017 (20 of 2017), the Government of Kerala, on the recommendations of the Council and on being satisfied that it is necessary in the public interest so to do, hereby make the following further amendments in the notification issued under G. O. (P) No. 72/2017/TAXES dated 30th June, 2017 and published as S.R.O. No. 370/2017 in the Kerala Gazette Extraordinary No. 1360 dated 30th June, 2017, namely:- AMENDMENT In the said notification, in the TABLE,- (i) against serial number 7, in column (3),- (a) for item (i) and the entries relating thereto, in columns (3), (4) and (5), the following entries shall be substituted, namely:- (3) (4) (5) (i) Supply, by way of or as part of any service, of goods, being food or any other article for human consumption or any drink, provided by a restaurant, eating joint including mess, canteen, whether for consumption on or away from the premises where such food or any other article for human consumption or drink is supplied, other than those located in the premises of hotels, inns, guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes having declared tariff of any unit of accommodation of seven thousand five hundred rupees and above per unit per day or equivalent; Explanation 1. -This item includes such supply at a canteen, mess, cafeteria or dining space of an institution such as a school, college, hospital, industrial unit, office, by such institution or by any other person based on a contractual arrangement with such institution for such supply, provided that such a supply is not event based or occasional. Explanation 2. -This item excludes the supplies covered under the Sl. No. 7 (v). Explanation 3. - declared tariff includes charges for all amenities provided in the unit of accommodation (given on rent for stay) like furniture, air conditioner, refrigerators or any other amenities, but without excluding any discount offered on the published charges for such unit. 2.5 Provided that credit of input tax charged on goods and services used in supplying the service has not been taken [Please refer to Explanation No. (iv)]. (ia) Supply, of goods, being food or any other article for human consumption or any drink, by the Indian Railways or Indian Railways Catering and Tourism Corporation Ltd. or their licensees, whether in trains or at platforms. 2.5 Provided that credit of input tax charged on goods and services used in supplying the service has not been taken [Please refer to Explanation No. (iv)] ; (b) in items (ii), (vi) and (viii),- (A) for the words declared tariff wherever they occur, the words value of supply shall be substituted; (B) the Explanation shall be omitted; (c) for item (v) and the entries relating thereto in columns (3), (4) and (5), the following entries shall be substituted, namely:- (3) (4) (5) (v) Supply, by way of or as part of any service, of goods, being food or any other article for human consumption or any drink, at Exhibition halls, Events, Conferences, Marriage Halls and other outdoor/indoor functions that are event based and occasional in nature. 9 - ; (ii) against serial number 9, for item (vi) in column (3) and the entries relating thereto in columns (3), (4) and (5), the following entries shall be substituted, namely:- (3) (4) (5) (vi) Multimodal transportation of goods. Explanation. - (a) multimodal transportation means carriage of goods, by at least two different modes of transport from the place of acceptance of goods to the place of delivery of goods by a multimodal transporter; (b) mode of transport means carriage of goods by road, air, rail, inland waterways or sea; (c) multimodal transporter means a person who,- (A) enters into a contract under which he undertakes to perform multimodal transportation against freight, and; (B) acts as principal, and not as an agent either of the consignor, or consignee or of the carrier participating in the multimodal transportation and who assumes responsibility for the performance of the said contract. 6 - (vii) Goods transport services other than (i), (ii), (iii), (iv), (v) and (vi) above. 9 - ; (iii) for serial number 22 and the entries relating thereto, the following entries shall be substituted, namely:- (1) (2) (3) (4) (5) 22 Heading 9984 (Tele communications, broadcasting and information supply services) (i) Supply consisting only of e-book Explanation. -For the purposes of this notification, e-books means an electronic version of a printed book [falling under tariff item 4901 in the First Schedule to the Customs Tariff Act, 1975 (Central Act 51 of 1975)] supplied online which can be read on a computer or a hand held device. 2.5 - (ii) Telecommunications, broad-casting and information supply services other than (i) above. 9 - . 2. This notification shall come into force with effect from the 27th day of July, 2018. By order of the Governor, VENUGOPAL, P., Secretary to Government. Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport.) On the recommendation of the Goods and Services Tax Council, the Government of Kerala have decided to reduce the rate of tax on supply at a canteen, mess, cafeteria or dining space of an institution such as a school, college, hospital, industrial unit, office based on a contractual arrangement with such institution for such supply, provided that such a supply is not an event based or occasional supply. It is also decide to reduce the rate of tax on the supply, of goods, being food or any other article for human consumption or any drink, by the Indian Railways or Indian Railways Catering and Tourism Corporation Limited or their licensees, whether in trains or at platforms. The notification is intended to achieve the above object.