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TMI Blog2019 (3) TMI 1119X X X X Extracts X X X X X X X X Extracts X X X X ..... agricultural industries and biological industries on a nationwide basis. It has allowed the 'Anandalaya Educational Society', an education institution created by NDDB by way of trust, to occupy and use the building and premise owned by NDDB within its campus through a lease deed at very nominal amount for enabling the institute to grow and prosper which eventually would encourage the activity of education. 1.1 The applicant further submitted that Service Tax did not envisage any kind of fair value concept and therefore the trust did not have to suffer the burden of service tax on the receipt of renting of immovable property. With the introduction of GST regime, related party transactions are brought to the net of tax by imposing tax on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he definition of the 'governmental authority' given in the erstwhile Service Tax legislation viz. participation of government by way of 90% or more of equity and control to carry out the functions of municipality under article 243W of the Constitution, is relevant only for the board established by the Government. 1.3 The applicant then submitted that as it qualifies as a 'governmental authority' under the GST legislature, the service of renting or leasing of its property to encourage the education institute within its campus provided by the applicant to the Anandalaya Educational Society would qualify for exemption under SR. No. 4 of Notification No. 12/2017-Central Tax (Rate). 2. The applicant National Dairy Development Board, has raised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y any Government, with ninety per cent or more participation by way of equity or control, to carry out any junction entrusted to a municipality under article 243W of the Constitution." 5. However, it is stated by the CGST proper officer in its submission that the judgement relied upon by the applicant is already under challenge before the Hon'ble Supreme Court and therefore the judgement of Hon'ble Patna High Court may not be considered as final. 6. The judgement of the Hon'ble Patna High Court is having a referential value while deciding the similar issue in Gujarat. The interpretation of Hon'ble Patna High Court that the words "with ninety per cent or more participation by way of equity or control, to carry out any function entrusted t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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