Amendment in Notification No 12-2017-State Tax in respect of granting of long term lease - 28/2019-State Tax (Rate) - Gujarat SGST

GOVERNMENT OF GUJARAT FINANCE DEPARTMENT Sachivalaya, Gandhinagar Notification No.28/2019-State Tax (Rate) Dated the 31st December, 2019 Gujarat Goods and Services Tax Act, 2017 No.(GHN-130)GST-2019/S.11(1)(51)-TH: - In exercise of the powers conferred by sub-section (3) and sub-section (4) of section 9, sub-section (1) of section 11, sub-section (5) of section 15 and section 148 of the Gujarat Goods and Services Tax Act, 2017 (Guj.25 of 2017), the Government of Gujarat, 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 Government Notification, Finance Department No.(GHN-41)GST-2017/S.11(1)(7)- TH dated the 30th June, 2017, Notification No.12/2017-State Tax (Rate), namely:- In the said notification, in the Table, against serial number 41, - (a) in column (3), for the figure 50 , at both the places where they occur, the figure 20 shall be substituted; (b) for the entry in column (5), the following entries shall be substituted, namely, - (5) Provided that the leased plots shall be used for the purpose for which they are allotted, that is, for industrial or financial activity in an industrial or financial business area: Provided further that the Government shall monitor and enforce the above condition as per the order issued by the Government in this regard: Provided also that in case of any violation or subsequent change of land use, due to any reason whatsoever, the original lessor, original lessee as well as any subsequent lessee or buyer or owner shall be jointly and severally liable to pay such amount of State tax, as would have been payable on the upfront amount charged for the long term lease of the plots but for the exemption contained herein, along with the applicable interest and penalty: Provided also that the lease agreement entered into by the original lessor with the original lessee or subsequent lessee, or sub- lessee, as well as any subsequent lease or sale agreements, for lease or sale of such plots to subsequent lessees or buyers or owners shall incorporate in the terms and conditions, the fact that the State tax was exempted on the long term lease of the plots by the original lessor to the original lessee subject to above condition and that the parties to the said agreements undertake to comply with the same. . 2. This notification shall come into force with effect from the 1 st day of January, 2020. By order and in the name of Governor of Gujarat, C J Mecwan Joint Secretary to Government.