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TMI BlogClarifications regarding applicable GST rates and exemptions on certain servicesX X X X Extracts X X X X X X X X Extracts X X X X ..... ity of GST on application fee charged for entrance or the fee charged for issuance of eligibility certificate for admission or for issuance of migration certificate by educational institutions ; 3. Whether storage or warehousing of cotton in baled or ginned form is covered under entry 24B of Tamil Nadu Notification No. II(2)/CTR/532(d-15)/2017, dated June 29, 2017 [2] [Issue No. 202] which exempted services by way of storage and warehousing of raw vegetable fibres such as cotton before July 18, 2022 ; 4. Whether exemption under Sl. No. 9B of Notification No. II(2)/CTR/822(c)/2017, dated September 28, 2017 [Issue No. 313] covers services associated with transit cargo both to and from Nepal and Bhutan ; 5. Applicability of GST on sanitation and conservancy services supplied to Army and other Central and State Government departments ; 6. Whether the activity of selling of space for advertisement in souvenirs is eligible for concessional rate of five per cent. ; 7. Taxability and applicable rate of GST on transport of minerals from mining pit head to railway siding, beneficiation plant, etc., by vehicles deployed with driver for a specific duration of time ; 8. Whether location charges ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issuance of the circular dated October 6, 2021 did not avail ITC and paid five per cent. in cash. Such ice-cream parlours have thus foregone significant ITC benefit. 3.4 Considering the overall circumstances of the case, it is clarified that past cases of payment of GST on supply of ice-cream by ice-cream parlours at five per cent. without ITC shall be treated as fully GST paid to avoid unnecessary litigation. Since the decision is only to regularize the past practice, no refund of GST shall be allowed, if already paid at 18 per cent. With effect from October 6, 2021, the ice cream parlours are required to pay GST on supply of ice-cream at the rate of 18 per cent. with ITC. 4. Applicability of GST on application fee charged for entrance or the fee charged for issuance of eligibility certificate for admission or for issuance of migration certificate by educational institutions 4.1 Representations have been received by GST Council regarding applicability of GST on application fee charged for entrance or the fee charged for issuance of eligibility certificate for admission or for issuance of migration certificate by educational institutions. 4.2 In this regard, it is stated that educ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cotton fiber glossary by barnhardtcotton.net defines cotton staple, virgin cotton or raw cotton as cotton fibres that are removed from the cotton seed by the gin. Further, CESTAT Chandigarh in the case of R. K. and Sons v CCE, Rohtak dated July 14, 2016 has observed as under : Cotton (with seeds) as plucked from cotton plants can hardly be called cotton fibre in which case cotton fibre would come into existence only after the seeds are ginned away from cotton plucked from cotton plants. Cotton fibre obtained by ginning cotton plucked cotton plants is nothing but raw cotton fibre because there cannot be rawer form of cotton fibre obtained from cotton-with-seeds plucked from cotton plants. 5.3 Accordingly, it is clarified that service by way of storage or warehousing of cotton in ginned and or baled form was covered under entry 24B of Notification No. II(2)/CTR/532(d-15)/2017, dated June 29, 2017 [Issue No. 202] in the category of raw vegetable fibres such as cotton. It may however be noted that this exemption has been withdrawn with effect from July 18, 2022. 6. Whether exemption under Sl. No. 9B of Notification No. II(2)/CTR/822(c)/2017, dated September 28, 2017 [Issue No. 313] cov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the basis of trip report, by the proper officer at the Ports of Kolkata, Haldia or Visakhapatnam, as the case may be, and then only the general bond submitted by the authorised carrier will be re-credited or discharged. 6.7 As can be seen from the above, the regulations governing transit/transhipment have to be followed in addition to the ensuring that an electronic track and trace facility is in place. This facility uses container numbers to locate the cargo. Thus, it is verifiable that the empty container returning from Nepal or Bhutan is the same container which was used to deliver goods to Nepal or Bhutan. 7. Applicability of GST on sanitation and conservancy services supplied to Army and other Central and State Government Departments 7.1 Representations have been received regarding taxability of sanitation and conservancy services supplied to army and other Central and State Government Departments. 7.2 Municipalities and Panchayats and other local authorities such as Cantonment Boards listed in section 2(69) of the Tamil Nadu Goods and Services Tax Act, 2017 carry out functions entrusted to them under articles 243W and 243G of the Constitution respectively. Functions that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade catalogues which are primarily meant for commercial purposes ; (ii) . . . 8.3 Further, sub-section (1) of section 1 of the Press and Registration of Books Act, 1867 defines book as follows : Book includes every volume, part or division of a volume, and pamphlet, in any language and every sheet of music, map, chart or plan separately printed. 8.4 It therefore appears that book has been defined in the Press and Registration of Books Act, 1867 in an inclusive manner with a wide ambit which would cover souvenir book also. 8.5 Accordingly, as recommended by the GST council, it is clarified sale of space for advertisement in souvenir book is covered under serial number (i) of entry 21 of Notification No. II(2)/CTR/532(d-14)/2017, dated June 29, 2017 [Issue No. 202]. 9. Taxability and applicable rate of GST on transport of minerals from mining pit head to railway siding, beneficiation plant, etc., by vehicles deployed with driver for a specific duration of time. 9.1 Representations have been received by GST Council, to clarify the taxability of transport of minerals within a mining area, say from mining pit head to railway siding, beneficiation plant, etc., by vehicles deployed with d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion to the lease premium for long term lease of land constitute part of the lease premium or up front amount charged for long term lease of land and are eligible for the same tax treatment. 10.2 As per entry 41 of Notification No. II(2)/CTR/532(d-15)/2017, dated June 29, 2017 [Issue No. 202] up front amount, which is defined as upfront amount (called as premium, salami, cost, price, development charges or by any other name) payable in respect of service by way of granting of long term lease (of thirty years, or more) of industrial plots or plots for development of infrastructure for financial business, provided by the State Government Industrial Development Corporations or Undertakings or by any other entity having 20 per cent or more ownership of Central Government, State Government, Union territory to the industrial units or the developers in any industrial or financial business area , is exempt from GST. 10.3 Allowing choice of location of plot is integral part of supply of long-term lease of plot and therefore, location charge is nothing but part of consideration charged for long term lease of plot. Being charged up front along with the up front amount for the lease, the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her toll (2/4/6/7 times of the base rate of toll), it has already been clarified vide circular number 4/2022 (2021)(PP6/GST-15003/28/2021)-TNGST, dated 25-04-2022 , which was issued on the basis of recommendation of GST council that overloading charges at toll plazas would get the same treatment as given to toll charges. 12.6 Therefore, it is clarified that additional fee collected in the form of higher toll charges from vehicles not having fastag is essentially payment of toll for allowing access to roads or bridges to such vehicles and may be given the same treatment as given to toll charges. 13. Applicability of GST on services in form of Assisted Reproductive Technology (ART)/ In vitro fertilization (IVF) 13.1 Representations have been received to clarify whether GST is applicable on services by way of Assisted Reproductive Technology (ART) procedures such as In vitro fertilization (IVF). 13.2 Health care services provided by a clinical establishment, an authorized medical practitioner or para-medics are exempt. (Sl. No. 74 of Notification No. II(2)/CTR/532(d-15)/2017, dated June 29, 2017 [Issue No.202] 13.3 Health care services is defined vide 2(zg) of Notification No. II(2)/C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gers (Heading 9966). 15.3 Renting of motor vehicle with operator for transport of passengers falls under Heading 9966. According to the explanatory notes to heading 9966, the service covered here is renting of motor vehicle for transport of passengers for a period of time where the renter defines how and when the vehicles will be operated, determining schedules, routes and other operational considerations. 15.4 Passenger transport services on the other hand fall under Heading 9964. According to the explanatory notes Heading 9964 covers passenger transport services over pre-determined routes on pre-determined schedules. 15.5 Therefore, a clear distinction exists in service of transport of passengers and renting of a vehicle that is used for transport. 15.6 Accordingly, as recommended by the GST council, it is clarified that where the body corporate hires the motor vehicle (for transport of employees, etc.) for a period of time, during which the motor vehicle shall be at the disposal of the body corporate, the service would fall under Heading 9966, and the body corporate shall be liable to pay GST on the same under RCM. It may be seen that reverse charge thus would apply on act of re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... constitutes a composite supply of works contract service and is eligible for concessional rate of GST prior to July 18, 2022. 17.1 Representation has been received seeking clarification regarding the applicable GST rate on service of construction, supply, installation and commissioning of a 2.00 LLPD dairy plant on turn-key basis. 17.2 In case of a turn key project for construction, supply, installation and commissioning of a 2.00 LLPD dairy plant, it has been held by Advance Ruling Authorities of Bihar and Gujarat that the same does not result into an immovable property and is therefore not a supply of works contract. This being so, such supply is not eligible for concessional rate of 12 per cent. applicable on works contract supplied by way of construction, erection, commissioning, or installation of original works pertaining to mechanized food grain handling system, machinery or equipment for units processing agricultural produce as food stuff excluding alcoholic beverages. 17.3 In this regard, it may be seen that prior to July 18, 2022. serial number 3(v)(f) of Notification No. II(2)/CTR/532(d-14)/2017, dated June 29, 2017 [Issue No. 202] prescribes GST rate of 12 per cent. on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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