9911796707
TMI BlogRates for supply of services under IGST ActX X X X Extracts X X X X X X X X Extracts X X X X ..... ), subject to the conditions as specified in the corresponding entry in column (5) of the said Table:- Table Sl No. Chapter, Section or Heading Description of Service Rate (per cent.) Condition (1) (2) (3) (4) (5) 1 Chapter 99 All Services 2 Section 5 Construction Services 3 Heading 9954 (Construction services) 84 [ (i) Construction of affordable residential apartments by a promoter in a Residential Real Estate Project (herein after referred to as RREP) which commences on or after 1st April, 2019 or in an ongoing RREP in respect of which the promoter has not exercised option to pay integrated tax on construction of apartments at the rates as specified for item (ie) or (if) below, as the case may be, in the manner prescribed therein, intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certificate, where required, by the competent authority or after its first occupation, whichever is earlier. (Provisions of paragraph 2 of this notification shall apply for valuation of this service) 1.5 Provided that the integrated tax at the rate specified in column (4) shall be paid in cash, that is, by debiting the ele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .) or FSI (including additional FSI), electricity, high speed diesel, motor spirit, natural gas], used in supplying the service shall be received from registered supplier only; Provided also that inputs and input services on which tax is paid on reverse charge basis shall be deemed to have been purchased from registered person; Provided also that where value of input and input services received from registered suppliers during the financial year (or part of the financial year till the date of issuance of completion certificate or first occupation of the project, whichever is earlier) falls short of the said threshold of 80 per cent., tax shall be paid by the promoter on value of input and input services comprising such shortfall at the rate of eighteen percent on reverse charge basis and all the provisions of the Integrated Goods and Services Tax Act, 2017 (13 of 2017) shall apply to him as if he is the person liable for paying the tax in relation to the supply of such goods or services or both; Provided also that notwithstanding anything contained herein above, where cement is received from an unregistered person, the promoter shall pay tax on supply of such cement at the applicab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ertificate, where required, by the competent authority or after its first occupation, whichever is earlier. (Provisions of paragraph 2 of this notification shall apply for valuation of this service) 7.5 (ic) Construction of affordable residential apartments by a promoter in a Real Estate Project (herein after referred to as REP) other than RREP, which commences on or after 1st April, 2019 or in an ongoing REP other than RREP in respect of which the promoter has not exercised option to pay integrated tax on construction of apartments at the rates as specified for item (ie) or (if) below, as the case may be, in the manner prescribed therein, intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certificate, where required, by the competent authority or after its first occupation, whichever is earlier. (Provisions of paragraph 2 of this notification shall apply for valuation of this service) 1.5 (id) Construction of residential apartments other than affordable residential apartments by a promoter in a REP other than a RREP which commences on or after 1st April, 2019 or in an ongoing REP other than RREP in r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther than affordable residential apartments, in respect of which the promoter has exercised option to pay integrated tax on construction of apartments at the rates as specified for this item in the manner prescribed herein, but excluding supply by way of services specified at items (i), (ia), (ib), (ic), (id) and (ie) above intended for sale to a buyer, wholly or partly, except where the entire consideration has been received after issuance of completion certificate, where required, by the competent authority or after its first occupation, whichever is earlier. Explanation. -For the removal of doubt, it is hereby clarified that, supply by way of services specified at items (i), (ia), (ib), (ic), (id) and (ie) in column (3) shall attract integrated tax prescribed against them in column (4) subject to conditions specified against them in column (5) and shall not be levied at the rate as specified under this entry. (Provisions of paragraph 2 of this notification shall apply for valuation of this service 18 85 [*****] 136 [ (iii) **** ] 135 [ **** ] 136 [ (iv) **** ] - 136 [ (v) **** ] 136 [ (va) **** ] 136 [ (vi) **** ] 135 [ **** ] 20 [(vii) Composite supply of works contract as defi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r commission Services of electronic whole sale agents and brokers, Services of whole sale auctioning houses. 18 - 6 Heading 9962 Services in retail trade. Explanation - This service does not include sale or purchase of goods 18 - 7 Heading 9963 (Accommodation, food and beverage services) 99 [ (i) Supply of hotel accommodation having value of supply of a unit of accommodation 139 [ **** ] less than or equal to seven thousand five hundred rupees per unit per day or equivalent. 12 - (ii) Supply of restaurant service other than at specified premises 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)] (iii) 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. 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)] (iv) Supply of outdoor catering , at premises other than specified premises provided by any person other than- (a) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of passengers, with or without accompanied belongings by- (a) air conditioned contract carriage other than motorcab; (b) air conditioned stage carriage; (c) radio taxi. Explanation.- (a) contract carriage has the meaning assigned to it in clause (7) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988); (b) stage carriage has the meaning assigned to it in clause (40) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988) ; (c) radio taxi means a taxi including a radio cab, by whatever name called, which is in two-way radio communication with a central control office and is enabled for tracking using Global Positioning System (GPS) or General Packet Radio Service (GPRS). 5 Provided that credit of input tax charged on goods 21 [and] services used in supplying the service has not been taken [Please refer to Explanation no. (iv)] (iii) Transport of passengers, with or without accompanied belongings, by air in economy class. 5 Provided that credit of input tax charged on goods used in supplying the service has not been taken [Please refer to Explanation no. (iv)] (iv) Transport of passengers, with or without accompanied belongings, by air, embarking from or terminating in a Regi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... [ (via) Transport of passengers, with or without accompanied belongings, by ropeways. 5 The credit of input tax charged on goods used in supplying the service has not been taken. [Please refer to Explanation no. (iv)] ] 141 [ (vii) Passenger transport services other than (i), (ii), (iii), (iv), (iva), 170 [ (ivb), ] (v), (vi) and (via) above. 18 - ] 9 Heading 9965 (Goods transport services) (i) Transport of goods by rail (other than services specified at item no. (iv)). 5 Provided that credit of input tax charged in respect of goods in supplying the service is not utilised for paying integrated tax, central tax, state tax or union territory tax on the supply of the service (ii) Transport of goods in a vessel 164 [ **** ] . 5 Provided that credit of input tax charged on goods (other than on ships, vessels including bulk carriers and tankers) used in supplying the service has not been taken Explanation : This condition will not apply where the supplier of service is located in nontaxable territory. [Please refer to Explanation no. (iv)] 142 [ (iii) Services of Goods Transport Agency (GTA) in relation to transportation of goods (including used house hold goods for personal use) suppli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... natural gas, petroleum crude, motor spirit (commonly known as petrol), high speed diesel or aviation turbine fuel] through pipeline 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)] or 12 - 62 [ (vi) Multimodal transportation of goods. 80 [ Explanation 1 ] .- (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. 79 [ Explanation 2.- Nothing contained in this item shall apply to supply of a service other than by way of transport of goods from a place in India to another place ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 18 - ] 12 Heading 9968 Postal and courier services. 18 - 13 Heading 9969 Electricity, gas, water and other distribution services. 18 - 14 Section 7 Financial and related services; real estate services; and rental and leasing services. 15 Heading 9971 (Financial and related services) 148 [ (i) * ** * ] (ii) Transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration. Same rate of integrated tax as on supply of like goods involving transfer of title in goods - (iii) Any transfer of right in goods or of undivided share in goods without the transfer of title thereof. Same rate of integrated tax as on supply of like goods involving transfer of title in goods - 102 [ ** * * ] 25 [(v) Leasing of motor vehicles purchased and leased prior to 1st July 2017; 65 per cent. of the rate of integrated tax as applicable on supply of like goods involving transfer of title in goods. Note:- Nothing contained in this entry shall apply on or after 1st July, 2020. - 69 [ (vi) Service of third party insurance of goods carriage 12 - (vii) Financial and related services other than 149 [ **** ] (ii), (iii) 103 [ *** ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rint media. 5 - 107 [ (ia) Other professional, technical and business services relating to exploration, mining or drilling of petroleum crude or natural gas or both 12 - ] (ii) Other professional, technical and business services other than 108 [ (i) and (ia) above ] 71 [ and serial number 38 below ] . 18 - 63 [ 22. Heading 9984 (Telecommunications, 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 (51 of 1975)) supplied online which can be read on a computer or a hand held device. 5 - (ii) Telecommunications, broadcasting and information supply services other than (i) above. 18 - ] 23 Heading 9985 (Support services) (i) Supply of tour operators services. Explanation .- tour operator means any person engaged in the business of planning, scheduling, organizing, arranging tours (which may include arrangements for accommodation, sightseeing or other similar services) by any mode of transport, and includes any person engaged in the business of operating tours. 5 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or services provided by a commission agent for sale or purchase of agricultural produce. 160 [****] (ii) Services by way of pre-conditioning, pre-cooling, ripening, waxing, retail packing, labelling of fruits and vegetables which do not change or alter the essential characteristics of the said fruits or vegetables. (iii) Carrying out an intermediate production process as job work in relation to cultivation of plants and rearing of all life forms of animals, except the rearing of horses, for food, fibre, fuel, raw material or other similar products or agricultural produce. Nil - 52 [(ii) 110 [ Support services to ] exploration, mining or drilling of petroleum crude or natural gas or both. 12 - (iii) Support services to mining, electricity, gas and water distribution other than (ii) above. 18 -] 53 [25 Heading 9987 (i) 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 Explan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lling under chapter 87 in the First Schedule to the Customs Tariff Act, 1975. ] 18 - 126 [ (ica) Services by way of job work in relation to manufacture of alcoholic liquor for human consumption 18 - ] (id) Services by way of job work other than 127 [ (i), (ia), (ib), (ic) and (ica) ] above; 12 - ] 13 [(ii) Services by way of any treatment or process on goods belonging to another person, in relation to- (a) printing of newspapers; (b) printing of books (including Braille books), journals and periodicals. 31 [(c) printing of all goods falling under Chapter 48 or 49, which attract IGST @ 5 per cent. or Nil.] 5 32 [(iia) Services by way of any treatment or process on goods belonging to another person, in relation to printing of all goods falling under Chapter 48 or 49, which attract IGST @ 12 per cent. 12 -] 54 [(iii) Tailoring services. 5 - (iv) Manufacturing services on physical inputs (goods) owned by others, other than 128 [ (i), (ia), (ib), (ic), (ica), (id), (ii), (iia) and (iii) ] above. 18 -] 14 [27 Heading 9989 129 [ * ** * ] 130 [ Other manufacturing services; publishing, printing and reproduction services; material recovery services 18 - ] 28 Section 9 Community, Social and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 Other services (washing, cleaning and dyeing services; beauty and physical well-being services; and other miscellaneous services including services nowhere else classified). 18 - 36 Heading 9998 Domestic services. 18 - 37 Heading 9999 Services provided by extraterritorial organisations and bodies. 18 - 77 [ 38. 9954 or 9983 or 9987 Service by way of construction or engineering or installation or other technical services, provided in relation of setting up of following, - (a) Bio-gas plant (b) Solar power based devices (c) Solar power generating system (d) Wind mills, Wind Operated Electricity Generator (WOEG) (e) Waste to energy plants / devices (f) Ocean waves/tidal waves energy devices/plants Explanation :- This entry shall be read in conjunction with serial number 132 [ 201A of Schedule II ] of the notification No. 1/2017-Integrated Tax (Rate), published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) dated 28th June, 2017 vide GSR number 666(E) dated 28 th June, 2017. 18 - ] 91 [ 39. Chapter 99 Supply of services other than services by way of grant of development rights, long term lease of land (against upfront payment in the form of premium, salam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gher, in case of lottery run by State Government and 100/128 of the face value or the price notified in the Official Gazette by the organising State, whichever is higher, in case of lottery authorised by State Government. 1 [4. Where the value of taxable service provided by a person located in non-taxable territory to a person located in non-taxable territory by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India is not available with the person liable for paying integrated tax, the same shall be deemed to be 10 % of the CIF value (sum of cost, insurance and freight) of imported goods.] 2 [5]. Explanation.- For the purposes of this notification,- (i) Goods includes capital goods. (ii) Reference to Chapter , Section or Heading , wherever they occur, unless the context otherwise requires, shall mean respectively as Chapter, Section and Heading in the 3 [scheme of classification of services annexed to notification No. 11/2017-Central Tax (Rate), published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) dated 28th June, 2017 vide GSR number 690(E) dated 28th June, 2017 ] (iii) The rules for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to carry out any function entrusted to a municipality under article 243W of the Constitution or to a Panchayat under article 243G of the Constitution . (x) Government Entity means an authority or a board or any other body including a society, trust, corporation, i) set up by an Act of Parliament or State Legislature; or ii) established by any Government, with 90 per cent. or more participation by way of equity or control, to carry out a function entrusted by the Central Government, State Government, Union Territory or a local authority.] 78 [ (xi) specified organisation shall mean, - (a) Kumaon Mandal Vikas Nigam Limited, a Government of Uttarakhand Undertaking; or (b) Committee or State Committee as defined in section 2 of the Haj Committee Act, 2002 (35 of 2002). (xii) goods carriage has the same meaning as assigned to it in clause (14) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988). ] 95 [ (xiii) an apartment booked on or before the 31st March, 2019 shall mean an apartment which meets all the following three conditions, namely- (a) part of supply of construction of which has time of supply on or before the 31st March, 2019 and (b) at least one instalment has been cred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s as specified for item (ie) or (if) against serial number 3, as the case may be. (xvii) the term promoter shall have the same meaning as assigned to it in in clause (zk) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016); (xviii) the term Real Estate Project (REP) shall have the same meaning as assigned to it in in clause (zn) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016); (xix) the term Residential Real Estate Project (RREP) shall mean a REP in which the carpet area of the commercial apartments is not more than 15 per cent. of the total carpet area of all the apartments in the REP; (xx) the term ongoing project shall mean a project which meets all the following conditions, namely- (a) commencement certificate in respect of the project, where required to be issued by the competent authority, has been issued on or before 31st March, 2019, and it is certified by any of the following that construction of the project has started on or before 31st March, 2019:- (i) an architect registered with the Council of Architecture constituted under the Architects Act, 1972 (20 of 1972); or (ii) a chartered engineer registered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al authority or any authority created or established under any law for the time being in force by the Central Government or State Government or Union Territory Government, which exercises authority over land under its jurisdiction, and has powers to give permission for development of such immovable property; (xxvi) The term carpet area shall have the same meaning assigned to it in in clause (k) of section 2 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016); (xxvii) the term Real Estate Regulatory Authority shall mean the Authority established under sub- section (1) of section 20 (1) of the Real Estate (Regulation and Development) Act, 2016 (No. 16 of 2016) by the Central Government or State Government; (xxviii) project which commences on or after 1st April, 2019 shall mean a project other than an ongoing project; (xxix) Residential apartment shall mean an apartment intended for residential use as declared to the Real Estate Regulatory Authority or to competent authority; (xxx) Commercial apartment shall mean an apartment other than a residential apartment; (xxxi) floor space index (FSI) shall mean the ratio of a building s total floor area (gross floor area) to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for illness, injury, deformity, abnormality or pregnancy in any recognised system of medicines in India and includes services by way of transportation of the patient to and from a clinical establishment, but does not include hair transplant or cosmetic or plastic surgery, except when undertaken to restore or to reconstruct anatomy or functions of body affected due to congenital defects, developmental abnormalities, injury or trauma; (xl) goods transport agency means, - any person who provides service in relation to transport of goods by road and issues consignment note, by whatever name called. ] 4 [6]. This notification shall come into force with effect from 1st day of July, 2017. [F. No. 334/1/2017-TRU] (Ruchi Bisht) Under Secretary to the Government of India 96 [ Annexure I Real estate project (REP) other than Residential Real estate project ( RREP ) Input tax credit attributable to construction of residential portion in a real estate project (REP) other than residential real estate project (RREP), which has time of supply on or after 1st April, 2019, shall be calculated project wise for all projects which commence on or after 1st April, 2019 or ongoing projects in respect of w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 20 = 5. Explanation : % Completion of construction as on 31st March, 2019 shall be the same as declared to the Real Estate Regulatory Authority in terms of section 4 and section 11 of Real Estate (Regulation and Development) Act, 2016 (16 of 2016) and where the same is not required to be declared to the Real Estate Regulatory Authority, it shall be got determined and certified by an architect registered with the Council of Architecture constituted under the Architects Act, 1972 (20 of 1972) or a chartered engineer registered with the Institution of Engineers (India). (c) A registered person shall have the option to calculate Te in the manner prescribed below instead of the manner prescribed in (b) above,- Te shall be calculated as under: Te = Tc + T1 + Tr Where, - Tc is the ITC attributable to construction of commercial portion in the REP, calculated as under: Tc =T3 * (carpet area of commercial apartments in the REP/ total carpet area of commercial and residential apartments in the REP); Wherein T3 = T- (T1 + T2) T1 = ITC attributable exclusively to construction of commercial portion in the REP T2 = ITC attributable exclusively to construction of residential portion in the REP a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 31st March, 2019, Te shall be calculated as follows: - (a) Input tax credit on inputs and input services attributable to construction of residential portion in a REP, which has time of supply on or before 31st March, 2019 may be denoted as Te which shall be calculated as under, Te = Tc + Tr Where, - Tc is the ITC attributable to construction of commercial portion in the REP, calculated as under: Tc =Tn* (carpet area of commercial apartments in the REP/ total carpet area of commercial and residential apartments in the REP) and Tr is the ITC attributable to construction of residential portion in the REP which has time of supply on or before 31st March, 2019 and which shall be calculated as under, Tr = Tn* F1 * F2 * F3 Where, - Tn= Tax paid on such inputs and input services on which ITC is available under the CGST Act, received in 2019-20 for construction of REP F1, F2 and F3 shall be the same as in para 1 above (b) The registered person shall be eligible to take ITC on goods and services received on or after 1st April, 2019 for construction of residential portion in the REP, for which he shall not otherwise be eligible, to the extent of the amount of Te. (c) The amount Te shall be co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts booked before transition 40 units 13 Total carpet area of the residential apartments booked before transition C12 * C3 2800 sqm 14 Value of booked residential apartments C5 * C12 24 crore 15 Percentage invoicing of booked residential apartments on or before 31.03.2019 20% 16 Total value of supply of residential apartments having t.o.s. prior to transition C14 * C15 4.8 crore 17 ITC to be reversed on transition, Tx= T- Te 18 Eligible ITC (Te)= Tc + Tr 19 T (*see notes below) 1 crore 20 Tc= T x (carpet area of commercial apartments in the REP/ total carpet area of commercial and residential apartments in the REP) C19 * (C9/ C10) 0.125 crore 21 Tr= T x F1 x F2 x F3 x F4 22 F1 C4 / C10 0.875 23 F2 C13 / C4 0.533 24 F3 C16 / C14 0.200 25 F4 1/ C11 5 26 Tr= T x F1 x F2 x F3 x F4 C19 * C22 * C23 * C24 * C25 0.467 crore 27 Eligible ITC (Te)=Tc + Tr C26 + C20 0.592 crore 28 ITC to be reversed on transition, Tx= T- Te C19 - C27 0.408 crore * Note :- 1. The value of T at C19 has been estimated for illustration based on weighted average tax on inputs. 2. In actual practice, the registered person shall take 'aggregate of ITC taken as declared in GSTR-3B of tax periods from 1.7.2017 or co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 - C36 -0.18 crore 38 Tx after application of cap on % invoicing vis-a-vis Pc and payment realisation 39 % invoicing after application of cap(Pc + 25%) 45% 40 Total value of supply of residential apartments having t.o.s. prior to transition C33 10.80 crore 41 Consideration received 8.00 crore 42 Total value of supply of residential apartments having t.o.s. prior to transition after application of cap vis-a-vis consideration received 8 cr + 25% of 8 Cr 10.00 crore 43 F3 after application of both the caps C42 / C14 0.42 44 Tr= T x F1 x F2 x F3 x F4 (after application of both the caps) C19 * C22 * C23 * C43 * C25 0.97 45 Eligible ITC (Te)=Tc + Tr (after application of both the caps) C20 + C44 1.10 46 ITC to be reversed / taken on transition, Tx= T- Te (after application of both the caps) C19 - C45 -0.10 crore * Note :- 1. The value of T at C19 has been estimated for illustration based on weighted average tax on inputs. 2. In actual practice, the registered person shall take 'aggregate of ITC taken as declared in GSTR-3B of tax periods from 1.7.2017 or commencemnt of project which is later and transitional credit taken under section 140 of CGST Act' as value of T. Annexure II ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th (twenty percent) of the construction has been completed, F4 shall be 100 20 = 5. Explanation : % Completion of construction as on 31st March, 2019 shall be the same as declared to the Real Estate Regulatory Authority in terms of section 4 and section 11 of Real Estate (Regulation and Development) Act, 2016 and where the same is not required to be declared to the Real Estate Regulatory Authority, it shall be got determined and certified by an architect registered with the Council of Architecture constituted under the Architects Act, 1972 (20 of 1972) or a chartered engineer registered with the Institution of Engineers (India). (c) The amounts Tx and Te shall be computed separately for input tax credit of central tax, State tax, Union territory tax and integrated tax. (d) Where, Tx is positive, i.e. Te T, the registered person shall pay, by debit in the electronic credit ledger or electronic cash ledger, an amount equal to the difference between T and Te. Such amount shall form part of the output tax liability of the registered person and the amount shall be furnished in FORM GST ITC- 03. Explanation : The registered person may file an application in FORM GST DRC- 20 , seeking ext ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtion in the RREP , for which he shall not otherwise be eligible, to the extent of the amount of Te. (c) The amount Te shall be computed separately for input tax credit of central tax, State tax, Union territory tax and integrated tax. 3. Notwithstanding anything contained in paragraph 1 or paragraph 2 above, Te shall be determined in the following situations as under: (i) where percentage invoicing is more than the percentage completion and the difference between percentage invoicing (per cent. points) and the percentage completion (per cent. points) of construction is more than 25 per cent. points; the value of percentage invoicing shall be deemed to be percentage completion plus 25 percent. points; (ii) where the value of invoices issued on or prior to 31st March, 2019 exceeds the consideration actually received on or prior to 31st March, 2019 by more than 25 per cent. of consideration actually received; the value of such invoices for the purpose of determination of percentage invoicing shall be deemed to be actual consideration received plus 25 per cent. of the actual consideration received; and (iii) where, the value of procurement of inputs and input services prior to 1st Apr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments C2 * C3 7000 sqm 5 value of each residential apartment 0.60 crore 6 Percentage completion as on 31.03.2019 [as declared to RERA or determined by chertered engineer] 20% 7 No of apartments booked before transition 80 units 8 Total carpet area of the residential apartment booked before transition C3 * C7 5600 sqm 9 Value of booked residential apartments C5 * C7 48 crore 10 Percentage invoicing of booked residential apartments on or before 31.03.2019 60% 11 Total value of supply of residential apartments having t.o.s. prior to transition C9 * C10 28.8 crore 12 ITC to be reversed on transition, Tx= T- Te 13 Eligible ITC (Te)=T x F1 x F2 x F3 x F4) 14 T (*see notes below) 1 crore 15 F1 1 16 F2 C8 / C4 0.8 17 F3 C11 / C9 0.6 18 F4 1/ C6 5 19 Eligible ITC (Te)=T x F1 x F2 x F3 x F4) C14 * C15 * C16 * C17 * C18 2.4 crore 20 ITC to be reversed on transition, Tx= T- Te C14 - C19 -1.4 crore 21 Tx after application of cap on % invoicing vis-a-vis Pc 22 % completion 20% 23 % invoicing 60% 24 % invoicing after application of cap(Pc + 25%) C6 + 25 % 45% 25 Total value of supply of residential apartments having t.o.s. prior to transition C9 * C24 21.60 crore 26 F3 after application of cap C2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to pay GST on cement at the applicable rates on reverse charge basis. Illustration 2: A promoter has procured following goods and services [other than services by way of grant of development rights, long term lease of land (against upfront payment in the form of premium, salami, development charges etc.) or FSI (including additional FSI), electricity, high speed diesel, motor spirit, natural gas], for construction of a residential real estate project during a financial year. Sl.No. Name of input goods and services Percentage of input goods and services received during the financial year Whether inputs received from registered supplier? (Y/ N) 1 Sand 10 Y 2 Cement 15 Y 3 Steel 20 Y 4 Bricks 15 Y 5 Flooring tiles 10 Y 6 Paints 5 N 7 Architect/ designing/ CAD drawing etc. 10 Y 8 Aluminium windows, Ply, commercial wood 15 N In this example, the promoter has procured 80 per cent. of goods and services including cement from a GST registered person. However, he has procured paints, aluminum windows, ply and commercial wood etc. from an unregistered supplier. Hence at the end of financial year, the promoter is not required to pay GST on inputs on reverse charge basis. Illustration 3: A p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d project as under : I shall pay tax on construction of the apartments: (put ( ) in appropriate box) At the rate as specified for item (ie) or (if), against serial number 3 in the Table in this notification, as the case may be At the rate as specified for item (i) or (ia) or (ib) or (ic) or (id), against serial number 3 in the Table in this notification, as the case may be 2. I understand that this is a onetime option, which once exercised, shall not be allowed to be changed. 3. I also understand that invoices for supply of the service can be issued during the period from 1st April 2019 to 98 [ 20th ] May 2019 before exercising the option, but such invoices shall be in accordance with the option being exercised herein. Signature ___________________ Name _______________________ Designation _________________ Place __________________ Date __________________ ] 155 [ Annexure V FORM Form for exercising the option by a Goods Transport Agency (GTA) for payment of GST on the GTA services supplied by him under forward charge before the commencement of any financial year to be submitted before the jurisdictional GST Authority. Reference No.- Date: - 1. I/We (name of Person), authorised repre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding Financial Year but not later than 31st March of the preceding Financial Year ] ******************** Notes: 1. Inserted vide corrigendum notification dated 30.6.2017 2. Sr. No. corrected from 4 to 5 vide corrigendum notification dated 30.6.2017 3. Corrected vide corrigendum notification dated 30.6.2017, before it was read as, scheme of classification of services 4. Sr. No. corrected from 5 to 6 vide corrigendum notification dated 30.6.2017 5. Corrected vide corrigendum notification dated 5-7-2017 , before it was read as, (ii) Rental services of transport vehicles with or without operators, other than (i) above. 9 6. Substituted vide notification 20/2017 dated 22-8-2017 , before it was read as, (iii) construction services other than (i) and (ii) above. 18 - 7. Substituted vide notification 20/2017 dated 22-8-2017 , before it was read as, (vi) Transport of passengers by motorcab where the cost of fuel is included in the consideration charged from the service recipient. 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)] 8. Substituted vide notification 20/2017 dated 22-8-2017 , b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation 20/2017 dated 22-8-2017 , before it was read as, (ii) Manufacturing services on physical inputs (goods) owned by others, other than (i) above. 18 - 14. Substituted vide notification 20/2017 dated 22-8-2017 , before it was read as, 27 Heading 9989 Other manufacturing services; publishing, printing and reproduction services; materials recovery services. 18 - 15. Inserted vide notification 20/2017 dated 22-8-2017 16. Substituted vide notification no. 24/2017 dated 21-9-2017 , before it was read as, (vi) Construction services other than (i), (ii), (iii), (iv) and (v) above. 17. Substituted vide notification no. 39/2017 dated 13-10-2017 , before it was read as, Government, a local authority or a Governmental authority 18. Substituted vide notification no. 39/2017 dated 13-10-2017 , before it was read as, a local authority or a Governmental authority 19. Inserted vide notification no. 39/2017 dated 13-10-2017 20. Substituted vide notification no. 39/2017 dated 13-10-2017 , before it was read as, (vii) Construction services other than (i), (ii), (iii), (iv), (v) and (vi) above. 18 -]] 21. Substituted vide notification no. 39/2017 dated 13-10-2017 , before it was read as, or 22. Sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... belong to the printer. 12 - 35. Substituted vide notification no. 39/2017 dated 13-10-2017 , before it was read as, at item (i) 36. Inserted vide notification no. 39/2017 dated 13-10-2017 37. Substituted vide notification no. 48/2017 dated 14-11-2017 , w.e.f. 15-11-2017 , before it was read as, Services provided 38. Substituted vide notification no. 48/2017 dated 14-11-2017 , w.e.f. 15-11-2017 , before it was read as, (i) Supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or drink, where such supply or service is for cash, deferred payment or other valuable consideration, provided by a restaurant, eating joint including mess, canteen, neither having the facility of airconditioning or central air-heating in any part of the establishment, at any time during the year and nor having licence or permit or by whatever name called to serve alcoholic liquor for human consumption. 12 - 39. Substituted vide notification no. 48/2017 dated 14-11-2017 , w.e.f. 15-11-2017 , before it was read as, (iii) Supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s read as, 16 Heading 9972 Real estate services. 18 - 50. Substituted vide Notification No. 1/2018-Integrated Tax (Rate), Dated 25-01-2018, before it was read as, (vii) Leasing or rental services, with or without operator, other than (i), (ii), (iii), (iv), (v) and (vi) above. Same rate of integrated tax as applicable on supply of like goods involving transfer of title in goods -] 51. Substituted vide Notification No. 1/2018-Integrated Tax (Rate), Dated 25-01-2018, before it was read as, (ii) Support services other than (i) above 18 - 52. Substituted vide Notification No. 1/2018-Integrated Tax (Rate), Dated 25-01-2018, before it was read as, (ii) Support services to mining, electricity, gas and water distribution. 18 - 53. Substituted vide Notification No. 1/2018-Integrated Tax (Rate), Dated 25-01-2018, before it was read as, 25 Heading 9987 Maintenance, repair and installation (except construction) services. 18 - 54. Substituted vide Notification No. 1/2018-Integrated Tax (Rate), Dated 25-01-2018, before it was read as, (iii) Manufacturing services on physical inputs (goods) owned by others, other than (i) 33 [, (ia), (ii) and (iia)] above. 18 -] 55. Substituted vide Notification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed tariff of any unit of accommodation of seven thousand five hundred rupees and above per unit per day or equivalent. Explanation .- 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. 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)].] 59. Substituted vide Notification No. 14/2018-Integrated Tax (Rate) dated 26-07-2018 w.e.f. 27-07-2018 before it was read as declared tariff 60. Omitted vide Notification No. 14/2018-Integrated Tax (Rate) dated 26-07-2018 w.e.f. 27-07-2018 before it was read as Explanation .- 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. Explanation .- declared tariff includes charges for all amenities provided in the unit of accommo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... integrated tax as applicable on supply of like goods involving transfer of title in goods. - 71. Inserted vide Notification No. 28/2018-Integrated Tax (Rate) dated 31-12-2018 w.e.f. 01-01-2019 72. Inserted vide Notification No. 28/2018-Integrated Tax (Rate) dated 31-12-2018 w.e.f. 01-01-2019 73. Substituted vide Notification No. 28/2018-Integrated Tax (Rate) dated 31-12-2018 w.e.f. 01-01-2019 before it was read as 18 74. Inserted vide Notification No. 28/2018-Integrated Tax (Rate) dated 31-12-2018 w.e.f. 01-01-2019 75. Omitted vide Notification No. 28/2018-Integrated Tax (Rate) dated 31-12-2018 w.e.f. 01-01-2019 before it was read as exhibition of cinematograph films, 76. Inserted vide Notification No. 28/2018-Integrated Tax (Rate) dated 31-12-2018 w.e.f. 01-01-2019 77. Inserted vide Notification No. 28/2018-Integrated Tax (Rate) dated 31-12-2018 w.e.f. 01-01-2019 78. Inserted vide Notification No. 28/2018-Integrated Tax (Rate) dated 31-12-2018 w.e.f. 01-01-2019 79. Inserted vide Notification No. 31/2018-Integrated Tax (Rate) dated 31-12-2018 w.e.f. 01-01-2019 80. Renumbered as Explanation 1 vide Notification No. 31/2018-Integrated Tax (Rate) dated 31-12-2018 w.e.f. 01-01-2019 befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -03-2019 w.e.f. 01-04-2019 before it was read as sub-item (b), sub-item (c), sub-item (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), 93. Inserted vide Notification No. 03/2019-Integrated Tax (Rate) dated 29-03-2019 w.e.f. 01-04-2019 94. Inserted vide Notification No. 03/2019-Integrated Tax (Rate) dated 29-03-2019 w.e.f. 01-04-2019 95. Inserted vide Notification No. 03/2019-Integrated Tax (Rate) dated 29-03-2019 w.e.f. 01-04-2019 96. Inserted vide Notification No. 03/2019-Integrated Tax (Rate) dated 29-03-2019 w.e.f. 01-04-2019 97. Substituted vide Notification No. 9/2019- Integrated Tax (Rate) dated 10-05-2019 before it was read as 10th 98. Substituted vide Notification No. 9/2019- Integrated Tax (Rate) dated 10-05-2019 before it was read as 10th 99. Substituted vide Notification No. 19/2019-Integrated Tax (Rate) dated 30-09-2019 w.e.f.01-10-2019 before it was read as 58 [ (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 cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ption or drink is supplied, 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 .- 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. 18 -] (iv) 40 [***] 61 [ (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 or indoor functions that are event based and occasional in nature. 18 - ] (vi) Accommodation in hotels, inns, guest houses, clubs, campsites or other commercial places meant for residential or lodging purposes having 59 [ value of supply ] of a unit of accommodation of two thousand five hundred rupees and above but less than seven thousand five hundred rupees per unit per day or equival ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e by way of transaction covered by clause (f) paragraph 5 of Schedule II of the Central Goods and Services Act, 2017 . Explanation.- (a) operator means a person, organisation or enterprise engaged in or offering to engage in aircraft operations; (b) scheduled air transport service means an air transport service undertaken between the same two or more places operated according to a published time table or with flights so regular or frequent that they constitute a recognisable systematic series, each flight being open to use by members of the public; (c) scheduled air cargo service means air transportation of cargo or mail on a scheduled basis according to a published time table or with flights so regular or frequent that they constitute a recognisably systematic series, not open to use by passengers. 5 Provided that credit of input tax charged on goods used in supplying the service has not been taken Explanation: This condition will not apply where the supplier of the leasing service is located in non-taxable territory. [Please refer to Explanation no. (iv)] 103. Omitted vide Notification No. 19/2019-Integrated Tax (Rate) dated 30-09-2019 w.e.f.01-10-2019 before it was read as , (iv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of 111. Inserted vide Notification No. 19/2019-Integrated Tax (Rate) dated 30-09-2019 w.e.f.01-10-2019 112. Inserted vide Notification No. 19/2019-Integrated Tax (Rate) dated 30-09-2019 w.e.f.01-10-2019 113. Inserted vide Notification No. 19/2019-Integrated Tax (Rate) dated 30-09-2019 w.e.f.01-10-2019 114. Omitted vide Notification No. 19/2019-Integrated Tax (Rate) dated 30-09-2019 w.e.f.01-10-2019 before it was read as registered 115. Inserted vide Notification No. 19/2019-Integrated Tax (Rate) dated 30-09-2019 w.e.f.01-10-2019 116. Inserted vide Notification No. 25/2019- Integrated Tax (Rate) dated 22-11-2019 117. Inserted vide NOTIFICATION No. 02/2020 Integrated Tax (Rate) dated 26-03-2020 w.e.f. 01-04-2020 118. Inserted vide NOTIFICATION No. 02/2020 Integrated Tax (Rate) dated 26-03-2020 w.e.f. 01-04-2020 119. Inserted vide Notification No. 02/2021- Integrated Tax (Rate) dated 02-06-2021 w.e.f. 02-06-2021 120. Inserted vide Notification No. 02/2021- Integrated Tax (Rate) dated 02-06-2021 w.e.f. 02-06-2021 121. Substituted vide Notification No. 02/2021- Integrated Tax (Rate) dated 02-06-2021 w.e.f. 02-06-2021 before it was read as 118 [ and (ia) ] 122. Inserted vide Notificat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch as Indian Premier League and the like. 28 -] 132. Substituted vide NOTIFICATION No. 06/2021- Integrated Tax (Rate) dated 30-09-2021 w.e.f. 01-10-2021 before it was read as 234 of Schedule I 133. Substituted vide NOTIFICATION NO. 22/2021-Integrated Tax (Rate) dated 31-12-2021 w.e.f. 01-01-2022 before it was read as Union territory, a local authority, a Governmental Authority or a Government Entity 134. Substituted vide NOTIFICATION NO. 22/2021-Integrated Tax (Rate) dated 31-12-2021 w.e.f. 01-01-2022 before it was read as Union territory, local authority, a Governmental Authority or a Government Entity 135. Omitted vide NOTIFICATION NO. 22/2021-Integrated Tax (Rate) dated 31-12-2021 w.e.f. 01-01-2022 before it was read as 19 [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] 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, U ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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);] (e) a pollution control or effluent treatment plant, except located as a part of a factory; or (f) a structure meant for funeral, burial or cremation of deceased. 122 [ Provided that during the period beginning from the 14th June, 2021 and ending with the 30 th September, 2021, the integrated tax on service of description as specified in clause (f), shall, irrespective of rate specified in column (4), be levied at the rate of 5 per cent. ] 44 [(g) a building owned by an entity registered under section 12AA 123 [ or 12AB ] 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.] 12 (v) Composite supply of works contract as defined in clause (119) of section 2 of the Central Goods and Services Tax Act, 2017, 87 [ other than that covered by item ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the apartments in the project; Provided also that for the purpose of determining whether the apartments at the time of supply of the service are affordable residential apartments covered by sub- clause (a) of clause (xvi) of paragraph 4 below or not, value of the apartments shall be the value of similar apartments booked nearest to the date of signing of the contract for supply of the service specified in the entry in column (3) relating to this item; Provided also that in case it finally turns out that the carpet area of the affordable residential apartments booked or sold before or after completion, for which gross amount actually charged was forty five lakhs rupees or less and the actual carpet area was within the limits prescribed in sub- clause (a) of clause (xvi) of paragraph 4 below, was less than 50 per cent. of the total carpet area of all the apartments in the project, the recipient of the service, that is, the promoter shall be liable to pay such amount of tax on reverse charge basis as is equal to the difference between the tax payable on the service at the applicable rate but for the rate prescribed herein and the tax actually paid at the rate prescribed herein ] 16 [( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 13-07-2022 w.e.f. 18-07-2022 before it was read as, 8 [(iii) Services of goods transport agency (GTA) in relation to transportation of goods (including used household goods for personal use). Explanation .- goods transport agency means any person who provides service in relation to transport of goods by road and issues consignment note, by whatever name called.] 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)] or 12 Provided that the goods transport agency opting to pay integrated tax @ 12% under this entry shall, thenceforth, be liable to pay integrated tax @ 12% on all the services of GTA supplied by it.] 143. Inserted vide Notification No. 03/2022- Integrated Tax (Rate) dated 13-07-2022 w.e.f. 18-07-2022 144. Substituted vide Notification No. 03/2022- Integrated Tax (Rate) dated 13-07-2022 w.e.f. 18-07-2022 before it was read as, (vii) Goods transport services other than (i), (ii), (iii), (iv), (v) and (vi) above. 18 - 145. Inserted vide Notification No. 03/2022- Integrated Tax (Rate) dated 13-07-2022 w.e.f. 18-07-2022 146. Inserted vide Notification No. 03/2022- Integra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ling under Chapter 42 or 64 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975) respectively;] (h) manufacture of clay bricks falling under tariff item 69010010 in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) ; 151. Inserted vide Notification No. 03/2022- Integrated Tax (Rate) dated 13-07-2022 w.e.f. 18-07-2022 152. Inserted vide Notification No. 03/2022- Integrated Tax (Rate) dated 13-07-2022 w.e.f. 18-07-2022 153. Inserted vide Notification No. 03/2022- Integrated Tax (Rate) dated 13-07-2022 w.e.f. 18-07-2022 154. Inserted vide Notification No. 03/2022- Integrated Tax (Rate) dated 13-07-2022 w.e.f. 18-07-2022 155. Inserted vide Notification No. 03/2022- Integrated Tax (Rate) dated 13-07-2022 w.e.f. 18-07-2022 156. Inserted vide Notification No. 05/2023- Integrated Tax (Rate) dated 09-05-2023 157. Inserted vide NOTIFICATION No. 06/2023- Integrated Tax (Rate) dated 26-07-2023 w.e.f. 27-07-2023 158. Substituted vide NOTIFICATION No. 06/2023- Integrated Tax (Rate) dated 26-07-2023 w.e.f. 27-07-2023 before it was read as, on or before the 15th March of the preceding Financial Year 159. Inserted vide NOTIFICATION No. 06/2023- Integrated Tax (Rate) dated ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
