RCM ON FEES TO PAID TO LOCAL AUTHORITIES, Goods and Services Tax - GST

[Sadanand Bulbule]

Dear Experts

Entry No.5 of Notification No.13/2017- Central Tax [Rate] dated 28/06/2017 reads as mentioned in the table below.

But nowhere the nature of services supplied by the Central Government, State Government, Union territory or local authority are explained in the said Notification. Factual position being so, it can be inferred that the services other than specifically “excluded” services therein are taxable under RCM.

Services supplied by the Central Government, State Government, Union territory or local authority to a business entity excluding, - (1) renting of immovable property, and (2) services specified below- (i) services by the Department of Posts (ii) services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport; (iii) transport of goods or passengers.

Central Government, State Government, Union territory or local authority

Any business entity located in the taxable territory.

My take:

The Local Authorities are defined under the State Town & Country Planning Act. They are Municipal Corporation, Municipal Council, Town Panchayat or Grama Panchayat. Such local authorities grant statutory permission/approval for the construction of real estate projects like residential towers, commercial complexes like shopping malls, star hotels etc., and charge fees according to the prevailing laws under the respective State Municipal Corporations.

Query:

Whether such fee paid to the local authorities for supply of service of statutory permission and approval of real estate projects is liable to RCM in the hands of business entity located in the taxable territory? If so, the relevant details please?

Experts to throw light on this issue.

Posts / Replies

[KASTURI SETHI]

Sh. Sadanand Bulbule Ji,

Sir, This is with reference to your post at serial no. 25 dated 30.6.24.

(i) The purpose of above post indicates that you do not agree with the view, "RCM is applicable to the granting of statutory permission and approval of real estate projects." Is it right ?

(ii) Do you think that the granting of statutory permission and approval of real estate projects. is an integral part of (a) Urban Planning including town planning for the purpose of (b) mentioned in above post and highlighted by you ?

(iii) A business entity cannot provide the subject service without prior permission and approval of the real estate project. This is an undisputed fact.

Sir, I want your valuable opinion on the above for arriving at correct and concrete decision.

Thanks & regards.

[Sadanand Bulbule]

Dear all

Please find the following AAR for academic reference on the issue under discussion:

2024 (6) TMI 826 - AUTHORITY FOR ADVANCE RULINGS, UTTARAKHAND - IN RE: M/S UTTARAKHAND PEYJAL SANSADHAN VIKAS EVAM NIEMAN NIGAM.