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TMI Blog2018 (11) TMI 280X X X X Extracts X X X X X X X X Extracts X X X X ..... HSN 9973? Held that:- In the instant case vacant land was given by erstwhile Cochin State to the applicant for cultivation on lease rent. Accordingly the petitioner converted the vacant land to Coffee Plantation. Therefore the lease rent collected by Government through Forest Department is exempted from GST vide Heading 9986 of Notification No.12/2017- Central Tax (Rate) / SRO.No.371/2017. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g 18% GST. It is alleged that as per HSN 9973 the lease rent paid by the applicant in connection with transfer of right in goods without the transfer of title. According to the applicant, as per Section 2(52) of GST Laws goods means every kind of movable property. Hence the land being an immovable property cannot be classified as goods and HSN 9973 will not applicable for rent on land leased for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the course or furtherance of business. Therefore the term lease is covered within the meaning and scope of supply . Sale of land doesn t attract GST as the State imposed stamp duty and registration fee on such transaction. But the grant of lease constituted supply for a consideration and thereby the lease transactions covered under the category of Supply of Services . Quit-rent is a t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fication No.12/2017- Central Tax (Rate) / SRO.No.371/2017. The lease rent received in relation to agricultural activities was also exempted under Service Tax regime also. In view of the observations stated above, the following rulings are issued: The quit rent / lease rent paid to Kerala Government on the land used for agricultural purpose ie, Coffee Plantation be classified under HSN 9986 and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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