Chapter 5 - Exemptions From GST
Chapter 5 - Exemptions From GST
Chapter 5 - Exemptions From GST
Introduction
• Under GST, essential goods/services, i.e., public consumption products/services have been
exempted.
• Items such as unbranded atta/maida/besan, unpacked food grains, milk, eggs, curd, lassi and
fresh vegetables are among the items exempted from GST.
• Further, essential services like health care services, education services, etc. have also been
exempted.
• Exempt Supply is a supply of any goods or services or both:
o Which attracts NIL rate of tax; or
o Which may be wholly exempt from tax; and
o Includes non-taxable supply
Charitable Activities
Charitable Activities
Services by an entity registered u/s 12AA or 12AB of the Income Tax Act, 1961, by way of “charitable
activities” are exempt.
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a. care or counseling of
i. terminally ill persons or persons with severe physical or mental disability;
ii. persons afflicted with HIV or AIDS;
iii. persons addicted to a dependence-forming substance such as narcotics drugs
or alcohol; or
b. public awareness of preventive health, family planning or prevention of HIV infection;
2. ADVANCEMENT OF RELIGION, spirituality or yoga;
3. ADVANCEMENT OF EDUCATIONAL PROGRAMMES/SKILL DEVELOPMENT relating to,
a. abandoned, orphaned or homeless children;
b. physically or mentally abused and traumatized persons;
c. prisoners; or
d. persons over the age of 65 years residing in a rural area;
4. PRESERVATION OF ENVIRONMENT including watershed, forests & wildlife.
Thus, only those services provided by a charitable and religious trusts [registered under section 12AA
of the Income-tax Act] which fall within the above definition of charitable activities, are eligible for
exemption from GST.
There could be many other services provided by such charitable and religious trusts which are not
covered by the definition of charitable activities and hence, such services would attract GST.
Other Aspects
Service Taxability
1. Grant of advertising rights to a person on the premises of the Taxable
charitable/religious trust or on publications of the trust
2. Granting admission to events, functions, celebrations, shows against admission Taxable
tickets or fee etc.
3. Advancement of any other object of general public utility Taxable
4. Advancement of religion, spirituality, yoga, meditation camp Exempt
5. Residential programmes or camps where the fee charged includes cost of Exempt
lodging and boarding, where the primary and predominant activity, objective
and purpose of such residential programmes or camps is advancement of
religion, spirituality or yoga.
6. Merely providing accommodation or serving food and drinks against Taxable
consideration in any form including donation
7. Activities of holding fitness camps or classes such as those in aerobics, dance, Taxable
music, etc.
8. Services provided by a clinical establishment, an authorised medical Exempt
practitioner, or paramedics of a charitable trust
9. Services provided TO charitable or religious trusts Taxable
10. Service of display of name or placing of name plates of the donor in the Exempt
premises of charitable organisations receiving donations or gifts from individual
donors – if the same is not aimed at giving publicity to the donor in such manner
that it would be an advertising or promotion of his business
11. Service of display of name or placing of name plates of the donor in the Taxable
premises of charitable organisations receiving donations or gifts from individual
donors – if the same is aimed at giving publicity to the donor in such manner
that it would be an advertising or promotion of his business
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Recreational Training or Coaching
Services by way of training or coaching in:
Service Taxability
1. Training or coaching in recreational activities relating to arts or culture by Exempt
Individual
2. Training or coaching in recreational activities in areas other than arts or culture Taxable
by Individual
3. Service of sports activities provided by charitable entity registered under Exempt
section 12AA or 12AB
4. Service other than of sports activities provided by charitable entity registered Taxable
under section 12AA or 12AB
5. Training or coaching related to all forms or arts, culture, or sports, such as, Exempt
dance, music, painting, sculpture making, literary activities, theatre, sports, etc.
Import of Services
Services received by an entity registered under Section 12AA or 12AB of the Income Tax Act, 1961, for
the purpose of conducting charitable activities, from a service provider located in a non-taxable
territory, are eligible for exemption. However, this exemption does not apply to OIDAR (Online
Information and Database Access or Retrieval) services and import sea freight.
Question 1
MTCT, an entity registered under section 12AB of the Income-Tax Act, 1961, has furnished you the
following details with respect to the activities undertaken by it. You are required to compute its GST
liability from the information given below:
Particulars ₹
Fees charged for yoga camp conducted by the trust 6,00,000
Amount received for advancement of educational programmes relating to abandoned, 10,50,000
orphaned or homeless children
Amount received for renting of commercial property owned by the trust 35,00,000
Payment made for the services received from a service provided located in England, for 10,00,000
the purposes of providing ‘charitable activities’
Amount received for activities relating to preservation of forests and wildlife 12,35,000
Receipts of old age home meant for residents of 60 years or more [consideration per 10,00,000
month per member is ₹5,000 (inclusive of boarding lodging and maintenance)]
Note: GST have been charged separately wherever applicable. Rate of GST is 18%.
Solution
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Computation of GST Liability of MTCT
Particulars ₹
Fees charged for yoga camp conducted by the trust (Note 1) -
Amount received for advancement of educational programmes relating to abandoned, -
orphaned or homeless children (Note 1)
Amount received for renting of commercial property owned by the trust (Note 2) 35,00,000
Payment made for the services received from a service provided located in England, for -
the purposes of providing ‘charitable activities’ (Note 3)
Amount received for activities relating to preservation of forests and wildlife (Note 1) -
Receipts of old age home meant for residents of 60 years or more (Note 4) -
Value of Taxable Supply 35,00,000
1. Services provided by a charitable entity registered u/s 12AB of the Income Tax Act, 1961 by
way of charitable activities are exempt from GST. The definition of the term 'Charitable
Activities', inter alia, means activities relating to:
a. advancement of yoga
b. advancement of educational programmes relating to abandoned, orphaned, or
homeless children
c. preservation of environment including watershed, forests, and wildlife.
2. Renting of commercial property owned by trust is taxable under GST.
3. Import of Services by a Charitable Institution for charitable activities are exempt from GST.
Normally, tax is paid on reverse charge by the importer of services; however, since in this case,
this supply is exempt, no tax is required to be paid under Reverse Charge.
4. Services by a charitable institution by way of providing old age homes where the resident is
aged 60 years or more and the rent (including boarding, lodging, and maintenance) per month
per person does not exceed ₹25,000 is exempt from GST.
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Religious Services
Question 2
VHP, an entity registered as religious trust u/s 12AB of the Income-tax Act, 1961, has furnished you the
following details with respect to the activities undertaken by it. You are required to compute its value
of taxable supply from the information given below:
Particulars ₹
Renting of rooms where charges are ₹500 per day 6,00,000
Renting of room where charges are ₹1,500 per day 9,00,000
Rending of community halls where charges are ₹25,000 per day 10,00,000
Renting of kalyanmandapam where charges are ₹5,000 per day 7,50,000
Renting of shops for business where charges are ₹15,000 per month 7,50,000
Renting of shops for business where charges are ₹5,000 per month 5,50,000
Solution
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Note: Services by a person by way of renting precincts of a religious place meant for general public,
owned or managed by an entity registered as a charitable or religious trust are exempt. However, this
exemption doesn’t apply to:
Agricultural Services
Service Taxability
1. Loading, unloading, packing, storage or warehousing of rice Exempt
2. Warehousing of minor forest produce Exempt
3. Services by way of storage/warehousing of cereals, pulses, fruits, nuts & Exempt
vegetables, spices, copra, sugarcane, jaggery, raw vegetable fibres such as
cotton, flax, jute etc., indigo, unmanufactured tobacco, betel leaves, tendu
leaves, coffee & tea
4. Fumigation in a warehouse of agricultural produce Exempt
5. Artificial insemination of livestock (other than horses) Exempt
6. Carrying out an intermediate production process as job work in relation to Exempt
cultivation of plants & rearing of animals [except horses], for food, fibre, fuel,
raw material or other similar products or agricultural produce.
7. Services relating to cultivation of plants & rearing of animals [except horses], Exempt
for food, fibre, fuel, raw material or other similar products or agricultural
produce
8. Agricultural operations directly related to production of any agricultural Exempt
produce including cultivation, harvesting, threshing, plant protection or testing
9. Supply of farm labour Exempt
10. Processes carried out at an agricultural farm including tending, pruning, cutting, Exempt
harvesting, drying, cleaning, trimming, sun drying, fumigating, curing, sorting,
grading, cooling or bulk packaging and such like operations which do not alter
the essential characteristics of agricultural produce but make it only marketable
for the primary market
11. Renting or leasing of agro machinery or vacant land with/without a structure Exempt
incidental to its use
12. Leasing of vacant land with a green house or a storage shed meant for Exempt
agricultural produce
13. Loading, unloading, packing, storage or warehousing of agricultural produce; Exempt
14. Agricultural extension services (i.e., transmitting latest technical know-how to Exempt
farmers and enhancing farmers’ knowledge about crop techniques to help
them increase productivity)
15. Services by any Agricultural Produce Marketing Committee or Board or services Exempt
provided by a commission agent for sale/purchase of agricultural produce
16. Services mentioned from points 7 to 15 for Rubber, Green Tea, or Coffee Exempt
17. Breeding of Fish (Pisciculture) Exempt
18. Rearing of Silkworms (Sericulture) Exempt
19. Cultivation of Ornamental Flowers (Floriculture), Horticulture, Forestry, etc. Exempt
20. Cleaning of Wheat carried outside farm Exempt
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21. Services by Agricultural Produce Marketing Committees (APMC) or Boards by Exempt
provision of facilities like sheds, water, light, electricity, grading facilities, etc.
22. Services by Agricultural Produce Marketing Committees (APMC) or Boards by Exempt
taking measures for prevention of sale or purchase of agricultural product
below the minimum support price
23. Seed testing, soil testing, animal feed testing, testing of samples from plants or Exempt
animals for pets and disease-causing microbes
24. Services in relation to whole grain pluses, such as whole gram, rajma, etc. Exempt
25. Pre-conditioning, pre-cooling, ripening, waxing, retail packing, labeling of fruits Exempt
and vegetables which do not change or alter the essential characteristics of the
said fruits and vegetables
26. Services by National Centre for Cold Chain Development by way of cold chain Exempt
knowledge dissemination
Service Taxability
1. Loading, unloading, packing, storage or warehousing of black tea, green tea, Taxable
coffee
2. Processing of Sugarcane into Jaggery Taxable
3. Milling of paddy into rice Taxable
4. Processes carried for making the agricultural produce saleable in retail market, Taxable
e.g., grinding, sterilizing, extraction packaging in retail packs of agricultural
products
5. Services for converting potato into potato chips Taxable
6. Services for converting tomato into tomato ketchup Taxable
7. Services by Agricultural Produce Marketing Committees (APMC) or Boards not Taxable
directly related to agriculture, such as renting of shops and other property
8. Services in relation to de-husked or split pulses Taxable
9. Warehousing of unmanufactured tobacco Taxable
Question 3
“Agro Care Limited” registered under GST furnishes the following details with respect to the activities
undertaken by them in the month of March, 2023:
Particulars ₹
Receipts from supply of farm labour 85,000
Charges for seed testing 65,000
Charges for soil testing of farm land 35,000
Charges for warehousing of potato chips 85,000
Commission received on sale of wheat 75,000
Charges for training of farmers on use of new pesticides and fertilizers developed 10,000
through scientific research
Renting of vacant land to a stud farm 1,85,000
Leasing of vacant land to a cattle farm 83,500
Charges for warehousing of rice 1,50,000
Charges for warehousing of unmanufactured tobacco 2,00,000
Retail packing and labelling of fruits and vegetables 5,00,000
Charges for warehousing of minor forest produce 8,00,000
Charges for warehousing of spices 2,20,000
Charges for fumigation in a warehouse of agricultural produce 2,50,000
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Compute the value of taxable supply of ‘Agro Care Limited’ for the month of March, 2023 if all the
above amounts are exclusive of GST.
Solution
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Educational Services
Service Taxability
1. Services provided BY an Educational Institution:
a. to its students, faculty and staff Exempt
b. by way of conduct of entrance examination against consideration in Exempt
form of entrance fee
2. Services provided TO an Educational Institution (providing services by way of
pre-school education & education up to higher secondary school or
equivalent) by way of:
a. transportation of students, faculty and staff Exempt
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b. catering, including any mid-day meals scheme sponsored by the Exempt
Central Government (CG), State Government (SG) or Union Territory
(UT)
c. security/cleaning/house-keeping services performed in such EI Exempt
3. Services provided TO an Educational Institution by way of:
a. services relating to admission to, or conduct of examination by, such Exempt
Educational Institution
b. supply of online educational journals or periodicals. Exempt
(This exemption is only applicable to an institution providing services
by way of education as part of a curriculum for obtaining
qualification recognised by any law for time being in force.)
(This exemption is not applicable to an institution providing services
by way of:
▪ pre-school education and education upto higher secondary
school or equivalent; or
▪ education as a part of an approved vocational educational
course.)
4. Education up to higher secondary school Exempt
5. Services by CBSE Board and State Education Boards (SEBs) by way of conduct Exempt
of examination to the students
6. Services by any authority, board, or body set up by the Central Government Exempt
or State Government including National Testing Agency by way of conduct
of entrance examination for admission to educational institutions
7. Services provided by boarding schools – Education coupled with Residence Exempt
and Food. Here, predominant activity is service of education, therefore, the
entire consideration is exempt.
8. Renting of residential dwelling (boarding) Exempt
9. Modular Employable Skill Course Exempt
10. Services provided by international schools giving certifications like IB Exempt
(equivalent to education upto higher secondary school)
11. Supply of Food to Aanganwadi Exempt
12. Services by Industrial Training Institutes (ITIs) in respect of designated trades Exempt
notified under Apprenticeship Act, 1961 (either Private or Government)
13. Training courses by the Maritime Training Institutes Exempt
14. Services by National Board of Examination by way of conduct of examination Exempt
(including any entrance examination)
15. Educational institutions providing non-recognized qualification with
recognized qualification courses:
a. Artificial Bundling Taxable
(Highest
Rate)
b. Natural Bundling Exempt
16. College Hostel Mess
a. Catering Services provided by Educational Institutions Exempt
b. Catering Services provided by third person in Hostel Mess Taxable
17. Services provided by Indian Institute of Management
a. All long duration programs (one year or more) conferring Exempt
degree/diploma as recommended by Board of Governors as per the
power vested in them under the IIM Act, 2017 including one-year
Post Graduate Programs for Executives
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b. All short duration executive development programs or need based Taxable
specially designed programs (less than one year) which are not a
qualification recognized by law
18. Education as part of a curriculum for obtaining a qualification recognized by Exempt
an Indian law
19. Conduct of degree courses by colleges, universities or institutions which lead Exempt
grant of qualifications recognized by law
20. Education as part of a curriculum for obtaining a qualification recognized by Taxable
a foreign law
21. Short stay by different persons in furnished flats Taxable
22. Private tuitions Taxable
23. Fees charged by educational institutions in relation to campus recruitment Taxable
from prospective employers
24. Placement services provided to Educational Institutions Taxable
25. Institutes preparing students for Board Exams as well as for Competitive Taxable
Exams
26. Postal Coaching provided by Educational Institutions Taxable
27. Foreign Courses conducted by Private Institutes Taxable
28. Personality Development Institutes - Institutes that offer general course on Taxable
improving communication skills, personality development, how to be
effective in group discussions or personal interviews, general grooming and
finishing, etc.
29. Renting of immovable property to higher secondary school Taxable
30. Renting of immovable property to Commercial coaching centre Taxable
31. Outdoor catering services provided to educational institutions running Taxable
approved vocational courses
32. House-keeping and cleaning services in college providing recognised Taxable
graduation degree
33. Placement services provided to an Educational Institute Taxable
34. Development of course content services provided to an Educational Institute Taxable
35. Training of Staff of Higher Secondary School Taxable
36. Subscription of online educational journals/periodicals Taxable
37. Housekeeping services to coaching institutes Taxable
38. Fee charged for issuance of eligibility certificate for admission or for issuance Exempt
of migration certificate by educational institutions
Question 4
AB Ltd., a registered company of Chennai, Tamil Nadu has provided following services for the month
of October, 2023:
Particulars ₹
Services of transportation of students, faculty and staff from home to college and back 2,50,000
to Commerce College, (a private college) providing degree courses in BBA, MBA, B.Com,
M.Com
Online monthly magazine containing question bank and latest updates in law to students 1,00,000
of PQR Law College offering degree courses in LLB and LLM
Housekeeping services to T Coaching Institute 50,000
Security services to N Higher Secondary School 3,25,000
Services of providing breakfast, lunch and dinner to students of ABC Medical College 5,80,000
offering degree courses recognized by law in medical field
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All the above amounts are exclusive of GST.
Compute the taxable supplies of AB Ltd. for the month of October 2023 with necessary explanations.
Solution
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o Any other system of medicine that may be recognised by the Central Government
Particulars Taxability
1. Health care services provided by: Exempt
a. Clinical establishments (like hospitals or medical centres),
b. Authorized medical practitioners (doctors), or
c. Para-medics (healthcare professionals like nurses or medical
technicians)
However, if a clinical establishment provides a room (excluding special units like
ICU, CCU, ICCU, NICU) and charges more than ₹5,000 per day for it to a person
receiving health care services, then that specific room service is not exempt
from taxes. In other words, the income generated from providing such high-
cost room services is taxable. But the rest of the health care services remain
tax-exempt.
Notes:
a. ICU: Intensive Care Unit; CCU: Critical Care Unit; ICCU: Intensive Cardiac
Care Unit; NICU: Neo Natal Intensive Care Unit
b. “Clinical establishment” means a hospital, nursing home, clinic,
sanatorium or any other institution by, whatever name called, that
offers services or facilities requiring diagnosis or treatment or care for
illness, injury, deformity, abnormality or pregnancy in any recognised
system of medicines in India, or a place established as an independent
entity or a part of an establishment to carry out diagnostic or
investigative services of diseases.
c. “Authorised medical practitioner” means a medical practitioner
registered with any of the councils of the recognised system of
medicines established or recognised by law in India and includes a
medical professional having the requisite qualification to practice in
any recognised system of medicines in India as per any law for the time
being in force.
d. “Paramedics” are trained health care professionals, for example
nursing staff, physiotherapists, technicians, lab assistants etc. Services
by them in a clinical establishment would be in the capacity of
employee and not provided in independent capacity and will thus be
considered as services by such clinical establishment. Similar services
in independent capacity are also exempted.
2. Palliative care for terminally ill patients at patients’ home (Palliative care is Exempt
given to improve the quality of life of patients who have a serious or life-
threatening disease, but the goal of such care is not to cure the disease)
3. Services provided by cord blood bank unit of the nursing home by way of Exempt
preservation of stem cells
4. Ambulance services to transport critically ill patients from various locations to Exempt
nursing home
5. Naturopathy treatments. Such treatment is a recognized system of medicine in Exempt
terms of section 2(h) of the Clinical Establishments Act, 2010
6. Plastic surgery to restore anatomy of a child affected due to an accident Exempt
7. Mortuary Services Exempt
8. Food supplied by the hospital canteen to the in-patients as advised by the Exempt
doctor/nutritionists
9. Treatment or Disposal of Bio-medical waste by operators of the common bio- Exempt
medical waste treatment facility
10. Health care of animals/birds by a veterinary clinic Exempt
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11. Rehabilitation, Therapy or Counselling by rehabilitation professionals Exempt
recognized under the Rehabilitation Council of India Act, 1992
12. Rent on rooms provided to in-patients Exempt
13. Consultation fees paid by hospitals to senior doctors/consultants/technicians Exempt
14. Services in form of Assisted Reproductive Technology (ART)/In vitro fertilization Exempt
(IVF)
15. Hospitals charge the patients, say, ₹10,000/- and pay to the Exempt
consultants/technicians only ₹7,500/- and keep the balance for providing
ancillary services which include nursing care, infrastructure facilities, paramedic
care, emergency services, checking of temperature, weight, blood pressure,
etc. Is GST applicable on such money retained by the hospitals?
16. Hair transplant services Taxable
17. Pranic healing treatments. Such treatment is not a recognized system of Taxable
medicine in terms of Section 2(h) of the Clinical Establishments Act, 2010
18. Services other than healthcare services such as renting of shops, auditoriums in Taxable
the premises of the clinical establishment, display of advertisements etc.
19. Supplies of food by a hospital to patients (not admitted) or their attendants or Taxable
visitors
Question 5
Balaji Hospital, a clinical establishment located in Tirupati, is specialized in cardiac treatment. The
hospital has its own canteen – Healthy Foods. The canteen serves the food and drink to the in-patients
as advised by the doctors/nutritionists of the hospital. Apart from this, other patients (who are not
admitted) or attendants or visitors of the in-patients also take food and drink from the canteen.
Examine whether supply of food and drink/catering services to the in-patients and other patients (who
are not admitted) or attendants or visitors of the in-patients is exempt from GST.
Solution
Services by way of health care services provided by a clinical establishment, an authorized medial
practitioner or para-medics are exempt from GST. In this regard, CBIC has clarified that food supplied
by the hospital canteen to the in-patients as advised by the doctor/nutritionists is a part of composite
supply of healthcare services and is not separately taxable. Thus, it is exempt from GST. However, other
supplies of food by a hospital to patients (not admitted) or their attendants or visitors are taxable. In
view of the same, GST is exempt on the food supplied by Healthy Foods to the in-patients as advised
by doctors/nutritionists while other supplies of food by it to patients (not admitted) or
attendants/visitors of the in-patients is taxable.
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b. For a body to be considered a “Governmental Authority”, it must have
90% or more participation in terms of equity or control by the
Government.
c. These services are specifically related to carrying out functions that are
entrusted to a Municipality under Article 243W of the Constitution or
to a Panchayat under Article 243G of the Constitution.
2. Services by Government Authority in relation to Panchayat functions Exempt
3. Services by Department of Posts (Speed Post, Express Parcel Post, Life Taxable
Insurance, Agency) to anyone other than Government
4. Services in relation to aircraft or vessel inside or outside the precincts of a port Taxable
or airport
5. Transport of goods or passengers Taxable
6. Any service other than the above three provided to business entities Taxable
7. Services by Department of Posts (Basic Mail Services, i.e., postal services, post Exempt
card, inland letter, book post and ordinary post (envelopes weighing less than
10 grams) to meet the universal postal obligations
8. Services by way of ordinary post (envelopes weighing 10 grams or more), Taxable
registered post, speed post, express parcel post, life insurance, and agency
services provided to a person other than the Government or Union Territory
(In respect of these services, the Department of Posts is liable to pay tax without
application of reverse charge)
9. Services by Department of Posts (Transfer of money through money orders, Exempt
operation of savings accounts, issue of postal orders, pension payments and
other services)
10. Services by Department of Posts – Distribution of Mutual Funds, Bonds, Taxable
Passport Applications, collection of telephone and electricity bills on
commission basis
11. Services by Police or Security Agencies of Government to private business Taxable
entities
(Taxable under Reverse Charge)
12. General Insurance Policies provided by a State Government to employees of
State Government/Police Personnel, employees of Electricity Department or
students of colleges/private schools, etc.:
a. If premium is paid by State Government Exempt
b. If premium is paid by employees, students, etc. Exempt
13. Accommodation services supplied by Air Force Mess to its personnel:
a. If the services supplied by such messes qualify to be considered as Exempt
services supplied by Central Government, State Government, Union
Territory or local authority
b. Otherwise Taxable
14. Services provided by Government/UT/Local Authority to a Business Entity (with Exempt
aggregate turnover below the threshold limit for registration) (except services
mentioned in points 3, 4, 5)
15. When government provides services by way of renting of immovable property Taxable
to business entity (even if the aggregate turnover of the entity is below the
threshold limit for registration)
16. Services provided by Government/Local Authority to another Exempt
Government/Local Authority (except services mentioned in points 3, 4, 5)
17. Services provided by Government/UT/Local Authority where consideration ≤ Exempt
₹5,000 (except services mentioned in points 3, 4, 5)
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18. Old Age Homes run by Government where residents are aged 60 years or more Exempt
and consideration (including boarding, lodging, maintenance) is ≤ ₹25,000
19. Services by the Department of Posts by way of post card, inland letter, book Exempt
post and ordinary post (envelopes weighing less than 10 grams)
20. Services by Government/UT/Local Authority to their undertakings or PSUs by Exempt
way of guaranteeing the loans taken by them
21. Services in relation to Registration required under any law Exempt
22. Services by way of testing, calibration, safety check or certification relating to Exempt
protection or safety of workers, consumers, or public at large, including fire
license
23. Services to individuals by way of issuance of passport, visa, driving license, birth Exempt
certificate, death certificate
24. Granting national permit to a goods carriage to operate throughout Exempt
India/contiguous states
25. Fines, liquidated damages collected for non-performance of contract Exempt
26. Fines, penalties imposed for violation of statute, byelaws, rules or regulations Exempt
27. Assignment of right to use natural resources to an individual farmer for
agricultural purposes
a. To an individual farmer for agricultural purposes Exempt
b. To companies (including PSUs) for exploration of natural resources, for Taxable
which consideration is received in the form of annual license fee, lease
charges, royalty, etc.
28. Services by way of deputing officers after office hours or on holidays for Exempt
inspection or container stuffing or such other duties in relation to import export
cargo, where the consideration to these officers is “Merchant Overtime
Charges”
29. Services by a State Government to Excess Royalty Collection Contractor (ERCC) Exempt
by way of assigning the right to collect royalty on behalf of the State
Government on the mineral dispatched by the mining lease holders
Question 6
The Karnataka Cricket Association, Bangalore requests the Commissioner of Police, Bangalore to
provide security in and around the Cricket Stadium for the purpose of conducting the cricket match.
The commissioner of police arranges the required security for a consideration. It is liable to GST?
Solution
In this case, services of providing security by the police personnel are not exempt. As the services are
provided by the Government, Karnataka Cricket Association is liable to pay the tax on the amount of
consideration paid under reverse charge mechanism.
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2. Pure services (excluding works contract service or other composite supplies Exempt
involving supply of any goods) provided to the Central Government, State
Government or Union territory or local authority by way of any activity in
relation to any function entrusted to a Municipality under article 243W of the
Constitution (See Note 3)
3. Supply by a Government Entity (See Note 4) to Government/UT/LA in the form Exempt
of Grants
4. By Fair Price Shops by way of sale of food grains, kerosene, sugar, edible oil, etc. Exempt
5. Services provide under any insurance scheme for which total premium is paid Exempt
by the Government
6. By GST Network Exempt
7. Services provided under any training programme for which 75% or more of the Exempt
total expenditure is borne by the Government
8. Services provided any institutions/NGOs under the central scheme of Exempt
“Scholarships for students with Disabilities” where the total expenditure is
borne by the Government
9. Composite supplies involving supplies on any goods
a. Value of goods ≤ 25% of value of supply Exempt
b. Value of goods > 25% of value of supply Taxable
10. Sanitation and conservancy services supplied to Army and other Central and Taxable
State Government departments
11. Works Contract Services Taxable
Notes:
1. Definition of Pure Services: According to the language used in the notification, when services
are provided without involving any supply of goods, they are considered as ‘pure services’. For
instance, services like supplying manpower for cleanliness of roads, public places, architect
services, consulting engineer services, advisory services, and similar services provided by
businesses, without any supply of goods, fall under the category of pure services. On the other
hand, let’s consider a situation where a governmental authority awards a contract for the
maintenance of streetlights in a Municipal area to an agency. If this contract involves not only
maintenance but also the supply of replacement lights and other spare parts, it would be
categorized as a works contract service. The exemption is applicable only to services that solely
involve the supply of services and not to works contract services.
2. Functions Entrusted to Panchayat: The functions assigned to Panchayats under the Eleventh
Schedule to Article 243G of the constitution encompass various areas, such as Agriculture,
including agricultural extension services, Animal husbandry, dairying, and poultry services,
Fisheries services, Small-scale industries, including food processing industries, Providing
drinking water, Ensuring fuel and fodder availability, Rural electrification, including electricity
distribution, Health and sanitation services, including hospitals, primary health centers, and
dispensaries, Women and child development programs, Operating the Public distribution
system, and more.
3. Functions Entrusted to Municipality: The functions delegated to municipalities under the
Twelfth Schedule to Article 243W of the constitution involve responsibilities like Urban
planning, including town planning, Construction and maintenance of roads and bridges, Public
health and sanitation services, Waste management and conservancy services, Fire services,
Improving and upgrading slum areas, Promoting cultural, educational, and aesthetic aspects
of the city, Providing urban amenities and facilities, such as parks, gardens, playgrounds, Street
lighting, parking lots, bus stops, public conveniences, etc.
CA NISHANT KUMAR 17
4. Government Entity means a body set up by an Act of Parliament or State Legislature or by any
Government, where 90% or more participation by way of equity or control is of the
government.
5. A statutory body, corporation or an authority created by the Parliament, or a State Legislature
is neither “Government” nor a “Local Authority”.
Question 7
Solution
Pure services (excluding works contract service or other composite supplies involving supply of any
goods) provided to the Central Government, State Government or Union Territory, or Local Authority
by an entity in relation to any function entrusted to a Panchayat or a Municipality are exempt. In the
present case, the scope of service involves maintenance work and supply of goods, which falls under
the works contract services. The exemption is provided to services which involve only supply of services
and not for works contract services.
Construction Services
Services Taxability
1. Services provided by way of pure labour contracts of construction, erection, Exempt
commissioning, installation, completion, fitting out, repair, maintenance,
renovation, or alteration of a civil structure or any other original works
pertaining to the beneficiary-led individual house construction or enhancement
under the Housing for All (Urban) Mission or Pradhan Mantri Awas Yojna (Note
1)
2. Services by Electricity Distribution Utilities for extending electricity distribution Exempt
network upto the tube well of the farmer or agriculturalist for agricultural use
3. Pure labour contract pertaining to a single residential unit (not being a part of Exempt
a residential complex)
4. Transfer of Development Rights of Floor Space Index for construction of Exempt
residential apartments by a promoter in a project, intended for sale to a buyer,
wholly or partly (except where the entire consideration is received after the
issuance of completion certificate) (Note 2)
5. Upfront amount (called as premium, salami, cost, price, development charges Exempt
or by any other name) payable in respect of services by way of granting long
term lease of 30 years or more for construction of residential apartments
(except where the entire consideration is received after the issuance of
completion certificate) (Note 3)
Notes:
CA NISHANT KUMAR 18
project) ÷ (Total carpet area of the residential and commercial apartments in the
project).
b. Conditions
i. Promoter is liable to pay GST on RCM basis on unsold flats.
ii. Maximum amount of tax payable
1. In case of affordable residential apartments = 0.5%
2. Others = 2.5%
iii. Time of Payment of tax: Date of completion or first occupation, whichever is
earlier.
3. Long Term Lease
a. Amount of Exemption: GST payable on upfront amount (called as premium, salami,
cost, price, development charges or by any other name) payable for long term lease
of land for construction of the project × (Carpet area of the residential apartments in
the project) ÷ (Total carpet area of the residential and commercial apartments in the
project)
b. Conditions
i. Promoter is liable to pay GST on RCM basis on unsold flats.
ii. Maximum amount of tax payable
1. In case of affordable residential apartments = 0.5%
2. Others = 2.5%
iii. Time of Payment of tax: Date of issue of completion certificate, or first
occupation, whichever is earlier.
CA NISHANT KUMAR 19
11. By metered cabs or auto rikshaws (including e rikshaws) (only if not provided Exempt
through e-commerce operator)
12. By Non-airconditioned contract carriage for transportation of passengers Taxable
through e-commerce operator
13. By radio taxi Taxable
14. For tourism, conducted tour, charter, or hire Taxable
15. Non-AC Stage carriage through e-commerce operator Taxable
16. AC Stage carriage Taxable
17. By railways in first class or AC coach (only if not provided through e-commerce Taxable
operator)
18. By leisure or charter vessels or a cruise ship Taxable
19. By ropeway, cable car, aerial tramway Taxable
Notes:
1. There are a lot of under serviced air routes in India. UDAN (Ude Desh ka Aam Nagrik) is a
regional airport development program of the Government of India and part of the Regional
Connectivity Scheme (RCS) of upgrading under-serviced air routes. Its goal is to make air travel
affordable and improve economic development in India. For this, the Government has tied up
with a lot of private players. This is known as Public Private Partnership (PPP). The private
sector takes care of the construction part, and the public sector provides for the money, called
the viability gap funding.
2. The value of any taxable service includes the taxes levied by any government on any passenger
travelling by air, as only taxes levied under GST law are excluded. Hence, passenger taxes shall
form part of taxable value of supply.
Question 8
Compute value of taxable supply of transport of passengers by air from the following data relating to
sums received exclusive of GST for the month ending 31-03-2023:
1. Passengers embarking at Arunachal Pradesh: ₹55 lakh (out of the said sum ₹15 lakh relates to
other than economy class)
2. Passengers where journey terminated at Assam: ₹45 lakh (out of the said sum, ₹5 lakh relates
to other than economy class)
3. Amount charged from passengers for flights starting from Sydney to Delhi: ₹25 lakh (out of the
said sum, ₹15 lakh relates to other than economy class).
4. Amount charged from passengers for flights starting from Delhi to Sydney (economy class):
₹34 lakh (including passenger taxes levied by government and shown separately on ticket: ₹10
lakh)
5. Amount charged from passengers for flights starting from Delhi to Sydney (business class): ₹10
lakh (including passenger taxes levied by government and shown separately on ticket: ₹3 lakh)
Compute the value of taxable supply and GST thereon if rate of GST is 12% in case of business class
and 5% in other class.
Solution
CA NISHANT KUMAR 20
Amount charged from passengers for flights starting from
Sydney to Delhi (Note 2) 25,00,000 - Not Taxable
Amount charged from passengers for flights starting from Delhi
to Sydney (Note 3) 34,00,000 5% 1,70,000
Amount charged from passengers for flights starting from Delhi
to Sydney (business class) (Note 2) 10,00,000 12% 1,20,000
Total value of taxable supply and total GST payable 89,00,000 5,30,000
Notes:
CA NISHANT KUMAR 21
b. Goods, where consideration charged for the transportation of goods on
a consignment transported in a single carriage ≤ ₹1,500
c. Goods, where consideration charged for transportation of all such
goods for a single consignee ≤ ₹750
d. Milk, salt, and food grain including flour, pulses, and rice
e. Organic manure
f. Newspaper or magazines registered with the Registrar of Newspapers
g. Relief materials meant for victims of natural or man-made disasters,
calamities, accidents, or mishaps; or
h. Defence or military equipment
13. Individual truck/tempo operators who do not issue any consignment note Exempt
14. Time sensitive transportation of goods by road in a goods carriage by a GTA Exempt
shall be classified as GTA and not under courier service, if:
a. The entire transportation of goods is by road; and
b. The person transporting the goods issues a consignment note.
15. Transport of minerals from mining pit head to railway siding, beneficiation Taxable
plant, etc. by vehicles deployed with driver for a specific duration of time
16. Services provided by GTA to an unregistered person Exempt
17. Services provided by GTA to Persons Registered only for TDS Exempt
18. Transport of postal mails and postal bags Taxable
19. Transport of household effects Taxable
20. Transport of petroleum products Taxable
21. Transport of tea Taxable
22. Transport of sugar Taxable
23. Transport of alcoholic beverages Taxable
24. Transport of baled cotton Taxable
Note: Goods transport agency
Question 9
Calculate the value of taxable supply of XYZ Transport Company engaged in the business of transport
of goods by road for the month of April, 2022. Give reasons for taxability or exemption of each item.
Suitable assumptions may be made wherever required. XYZ transport company avails ITC. GST is
leviable @ 12%.
Particulars ₹
Total freight charges received by ‘XYZ’ transport company 13,50,000
Freight charges received for transporting fruits 1,25,000
CA NISHANT KUMAR 22
Freight collected for transporting small consignment for persons who paid less than 75,000
₹750 for each consignment
Freight collected for transporting goods in small vehicles for persons who paid less than 1,50,000
₹1,500 per trip
Solution
CA NISHANT KUMAR 23
11. Invoice discounting cheque discounting or any other similar form of discounting Exempt
to the extent consideration is represented by way of discount
12. Interest/delayed payment charges for delay in payment of brokerage Exempt
amount/settlement obligations/margin trading facility
13. Interest charged on outstanding credit card balances Taxable
14. Services provided by a banking company to Basic Saving Bank Deposit (BSBD) Exempt
account holders under Pradhan Matri Jan Dhan Yojna
15. Services by an acquiring bank to any person in relation to settlement of an Exempt
amount upto ₹2,000 in a single transaction transacted through credit card,
charge card or other payment card service (Note)
16. Services by an intermediary of financial services located in a multi services SEZ Exempt
with International Financial Services Centre (IFSC) status to a customer located
outside India for international financial services in currencies other than Indian
Rupees (INR)
Note: When you go to a shop and make payment by your credit card, the shop keeper’s bank receives
the payment. Your bank is known as the issuing bank, i.e., the bank that issued you the credit card. The
shop keeper’s bank is known as the acquiring bank, i.e., the bank that acquires that payment from your
bank account.
Question 10
M/s Apna Bank Limited, a Scheduled Commercial Bank has furnished the following details for the
month of August, 2022:
Solution
1. It is a transaction in money and does not come under the ambit of service.
2. Since it represents taxable consideration, the same will be liable to GST.
3. Credit card interest is specifically excluded from exemption; therefore, it is liable to GST.
4. Interest on loan is not liable to GST since it is exempt.
CA NISHANT KUMAR 24
Life Insurance Services
Service Taxability
1. Services of life insurance business provided by way of annuity under the Exempt
National Pension System regulated by the Pension Fund Regulatory and
Development Authority of India under the Pension Fund Regulatory and
Development Authority Act, 2013
2. Services of life insurance business provided or agreed to be provided by the Exempt
Army, Naval and Air Force Group Insurance Funds to members of the Army,
Navy and Air Force, respectively, under the Group Insurance Schemes of Central
Government
3. Services of life insurance provided or agreed to be provided by the Naval Group Exempt
Insurance Fund to the personnel of Coast Guard under the Group Insurance
Schemes of the Central Government
4. Services of life insurance provided or agreed to be provided by the Central Exempt
Armed Police Forces (under Ministry of Home Affairs) Group Insurance Funds
to their members under the Group Insurance Schemes of the concerned Central
Armed Police Force
5. Services of life insurance business provided under the following schemes: Exempt
a. Janashree Bima Yojana
b. Aam Aadmi Bima Yojana
c. Life micro-insurance product as approved by the Insurance Regulatory
and Development Authority, having maximum amount of cover of
₹2,00,000
d. Varishtha Pension Bima Yojana
e. Pradhan Mantri Jeevan Jyoti Bima Yojana
f. Pradhan Mantri Jan Dhan Yojana
g. Pradhan Mantri Vaya Vandan Yojana
CA NISHANT KUMAR 25
b. Cattle Insurance under Swarnajayanti Gram Swarozgar Yojana (earlier known as
Integrated Rural Development Programme)
c. Scheme for Insurance of Tribals
d. Janata Personal Accident Policy and Gramin Accident Policy
e. Group Personal Accident Policy for Self-Employed Women
f. Agricultural Pumpset and Failed Well Insurance
g. Premia collected on export credit insurance
h. Restructured Weather Based Crop Insurance Schemes (RWCIS), approved by the
Government of India and implemented by the Ministry of Agriculture
i. Jan Arogya Bima Policy
j. Pradhan Mantri Fasal Bima Yojana (PMFBY)
k. Pilot Scheme on Seed Crop Insurance
l. Central Sector Scheme on Cattle Insurance
m. Universal Health Insurance Scheme
n. Rashtriya Swasthya Bima Yojana
o. Coconut Palm Insurance Scheme
p. Pradhan Mantri Suraksha Bima Yojana
q. Niramaya Health Insurance Scheme implemented by the Trust constituted under the
provisions of the National Trust for the Welfare of Persons with Autism, Cerebral Palsy,
Mental Retardation and Multiple Disabilities Act, 1999
r. Bangla Shasya Bima
2. Services by way of reinsurance are exempt.
Pension Schemes
1. Services by way of collection of contribution under the Atal Pension Yojana are exempt.
2. Services by way of collection of contribution under any pension scheme of the State
Governments are exempt.
Note: In the pension schemes, the subscribers need to contribute certain amount at regular intervals.
This contribution gets collected in the Pension Accounts.
Business Facilitator/Correspondent
Services Taxability
1. Services by a business facilitator or a business correspondent (See Note) to a Exempt
banking company with respect to accounts in its rural area branch
2. Services by any person as an intermediary to a business facilitator or a business Exempt
correspondent with respect to services mentioned above
3. Services by a business facilitator or a business correspondent to an insurance Exempt
company in a rural area
Note: In many rural areas, there are either no banks or the number of banks is very less. In order to
counter this problem and ensure greater financial inclusion, the Reserve Bank of India (RBI) introduced
the Business Correspondents and Business Facilitator Model through guidelines in 2006 allowing banks
to employ two categories of intermediaries – known as Business Facilitators (BFs) and Business
Correspondents (BCs). These BCs/BFs help villagers to open bank accounts and provide other banking
services to them. They act as an intermediary between the bank and its customers. Banks, in turn, pay
commission/fee to the BCs/BFs.
CA NISHANT KUMAR 26
Leasing Services
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 30 years, or more) of industrial
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% 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.
Clarifications:
1. Even if the upfront amount is paid in instalments, the exemption shall be available.
2. Location charges or preferential location charges (PLC) paid upfront in addition to the lease
premium for long term lease of land constitute part of upfront amount charged for long term
lease of land are therefore exempt from tax.
Legal Services
Services Taxability
1. Services provided by an Arbitral Tribunal to: Exempt
a. Any person other than a business entity; or
b. A business entity not liable to get registered; or
c. The Central Government, State Government, Union Territory, Local
Authority, Governmental Authority or Government Entity
2. Services provided by a partnership firm of advocates or an individual as an Exempt
advocate, other than senior advocate, by way of legal services to:
a. An advocate or partnership firm of advocates providing legal services
b. Any person other than a business entity; or
c. A business entity not liable to get registered; or
d. The Central Government, State Government, Union Territory, Local
Authority, Governmental Authority or Government Entity
3. Services provided by a senior advocate by way of legal services to: Exempt
a. Any person other than a business entity; or
b. A business entity not liable to get registered; or
c. The Central Government, State Government, Union Territory, Local
Authority, Governmental Authority or Government Entity
Notes:
1. We’ve already discussed that GST on services provided by an individual advocate (including a
senior advocate) or a firm of advocates by way of legal services, directly or indirectly to any
business entity located in the taxable territory is to be paid by such business entity on reverse
charge basis.
2. Similarly, GST on services supplied by an arbitral tribunal to a business entity has to be paid by
such business entity on reverse charge basis.
3. Also, in case of legal services including representational services provided by an advocate
including a senior advocate to a business entity, GST is required to be paid by the recipient of
the service under reverse charge mechanism, i.e., the business entity.
Question 11
Mr. Abhishek, an advocate, has rendered the following services in the month of October, 2022:
CA NISHANT KUMAR 27
2. Representing Mr. Aniket, an architect by profession, in relation to his GST liability [Turnover of
Mr. Aniket in the financial year 2021-22 was ₹25 lakh]
3. Legal consultancy given to Sunil Associates, a partnership firm of advocates [Turnover of
services of Sunil Associates in the financial year 2021-22 was ₹28 lakh]
Examine whether GST is payable on each of the above services assuming Mr. Abhishek to be:
Solution
1. Service of representing Mr. Archit in his divorce case will be exempt as Mr. Archit is not a
business entity.
2. Since the turnover of Mr. Aniket, a business entity, is more than ₹20 lakhs in the preceding
financial year, he is liable to get registered. Services by an individual advocate to a business
entity liable to be registered are liable to GST.
3. Legal consultancy provided by an advocate to partnership firm of advocates is exempt from
GST.
1. Service of representing Mr. Archit in his divorce case will be exempt as Mr. Archit is not a
business entity.
2. Since the turnover of Mr. Aniket, a business entity, is more than ₹20 lakhs in the preceding
financial year, he is liable to get registered. Services by an individual advocate, being a senior
advocate, to a business entity liable to be registered are liable to GST.
3. Services provided by a Senior Advocate to a partnership firm of advocates is not specifically
exempt. Also, the turnover of this firm of advocates exceeds ₹20 lakhs in the preceding
financial year, therefore, this firm is liable to get registered. Hence, services provided by a
senior advocate to such firm of advocates will be liable to GST.
Sponsorship of Sports
Services by way of sponsorship of sporting events organised by the following are exempt:
1. National sports federation, or its affiliated federations, where the participating teams or
individuals represent any district, state, zone, or country
2. Association of Indian Universities, Inter-University Sports Board, School Games Federation of
India, All India Sports Council for the Deaf, Paralympic Committee of India or Special Olympics
Bharat;
3. Central Civil Services Cultural and Sports Board
4. Indian Olympic Association, as part of national games
5. Under Panchayat Yuva Kreeda Aur Khel Abhiyaan Scheme
CA NISHANT KUMAR 28
b. A Sector Skill Council approved by the National Skill Development
Corporation;
c. An assessment agency approved by the Sector Skill Council or the
National Skill Development Corporation;
d. A training partner approved by the National Skill Development
Corporation or the Sector Skill Council
in relation to:
a. The National Skill Development Programme implemented by the
National Skill Development Corporation; or
b. A Vocational Skill Development Course under the National Skill
Certification and Monetary Reward Scheme; or
c. Any other Scheme implemented by the National Skill Development
Corporation
2. Services of assessing bodies empanelled centrally by the Directorate General of Exempt
Training, Ministry of Skill Development and Entrepreneurship by way of
assessments under the Skill Development Initiative Scheme.
3. Services provided by training providers (Project implementation agencies) Exempt
under Deen Dayal Upadhyaya Grameen Kaushalaya Yojana implemented by the
Ministry of Rural Development, Government of India by way of offering skill or
vocational training courses certified by the National Council for Vocational
Training
Performance By Artist
Service Taxability
1. Services by an artist by way of performance in folk or classical art forms of Exempt
music, dance, or theatre, if the consideration charged for such performance ≤
₹1,50,000
2. Services by way of training or coaching in recreational activities relating to arts, Exempt
culture, or sports
3. Services by an artist as a brand ambassador by way of performance in folk or Taxable
classical art forms of music, dance, or theatre, even if the consideration charged
for such performance ≤ ₹1,50,000
4. Services by an artist by way of performance of western music or dance, modern Taxable
theatres, performance of actors in films or television serials
5. Activities of artists in still art forms, such as painting, sculpture making, etc. Taxable
Note: Brand Ambassador means a person engaged for promotion or marketing of a brand of goods,
service, property or actionable claim, event or endorsement of name, including a trade name, logo or
house mark of any person.
Question 12
XYZ Pvt. Ltd. manufactures beauty soap with the brand name “Forever Beauty”. XYZ Pvt. Ltd. has
organised a concert to promote its brand. Ms. Alia, its brand ambassador, who is a leading film actress,
has given a classical dance performance in the said concert. The proceeds of the concert are ₹1,25,000.
1. Explain with relevant provisions of GST, whether Ms. Alia will be required to pay any GST.
2. What will be the answer if the proceeds of the concert are donated to a charitable
organisation?
Solution
CA NISHANT KUMAR 29
1. Services by an artist by way of a performance in classical art forms of, inter alia, dance, are
exempt from GST, if the consideration charged for such performance is not more than
₹1,50,000. However, such exemption is not available in respect of service provided by such
artist as a brand ambassador. Since Ms. Alia is the brand ambassador of ‘Forever Beauty’ soap
manufactured by XYZ Pvt. Ltd., the services rendered by her by way of a classical dance
performance in the concert organized by XYZ Pvt. Ltd. to promote its brand will not be eligible
for the above-mentioned exemption and thus, be liable to GST.
2. Even if the proceeds of the concert will be donated to a charitable organization, she will be
liable to GST.
CA NISHANT KUMAR 30
5. Services by an RWA (having turnover more than ₹20 lakh in the preceding Exempt
financial year) to its members for consideration (maintenance charges) upto
₹7,500 per month per member
6. Services by an RWA (having turnover more than ₹20 lakh in the preceding Taxable
financial year) to its members for consideration (maintenance charges) more
than ₹7,500 per month per member
7. Services provided by an unincorporated body or a non-profit entity registered Exempt
under any law for the time being in force, engaged in:
a. Activities relating to the welfare of industrial or agricultural labour or
farmers; or
b. Promotion of trade, commerce, industry, agriculture, art, science,
literature, culture, sports, education, social welfare, charitable
activities and protection of environment
to its own members against consideration in the form of membership fee upto
an amount of ₹1,000 per member per year.
Notes:
1. RWAs are entitled to take ITC of GST paid by them on capital goods (generators, water pumps,
lawn furniture, etc.), goods (taps, pipes, other sanitary/hardware fillings etc.) and input
services such as repair and maintenance services.
2. If a person owns two or more residential apartments in a housing society or a residential
complex, he shall be treated to be a member of the RWA for each residential apartment owned
by him separately. The ceiling of ₹7,500 per month per member shall be applied separately for
each residential apartment owned by him. For example, if a person owns two residential
apartments in a residential complex and pays ₹15,000 per month as maintenance charges
towards maintenance of each apartment to RWA (₹7,500 per month in respect of each
residential apartment), the exemption from GST shall be available to each apartment.
3. If the maintenance charges exceed ₹7,500 per month per member, then the entire
consideration is liable to GST, and not just the difference.
Question 13
Satya Sai Residents Welfare Association, a registered person under GST has 30 members each paying
₹8,000 as maintenance charges per month for sourcing of goods and services from third persons for
common use of its members.
The Association purchased a water pump for ₹59,000 (inclusive of GST of ₹9,000) and availed input
services for ₹23,600 (inclusive of GST of ₹3,600) for common use of its members during February 2023.
Compute the total GST payable, if any, by Satya Sai Residents Welfare Association, for February 2023.
All transactions are intra-State. There is no opening ITC and all conditions for ITC are fulfilled.
Solution
CA NISHANT KUMAR 31
Less: GST Paid on Input Services 3,600 12,600
Net GST Payable 30,600
Notes:
1. Services by RWA to its members for sourcing of goods or services from a third person for the
common use of its members in a housing society are exempt provided the share of
contribution per month per member is upto ₹7,500. Otherwise, entire amount is taxable.
2. Residents Welfare Association is entitled to take ITC of GST paid by them on capital goods,
goods, and input services, used by it for making supplies to its members and use such ITC for
discharge of GST liability on such supplies where the amount charged for such supplies is more
than ₹7,500 per month per member. Thus, Satya Sai Residents Welfare Association can avail
ITC of GST paid on water pump purchased and input services availed.
CA NISHANT KUMAR 32
9. Additional toll fees collected in the form of higher toll charges from vehicles not Exempt
having fastag
10. Commission on toll receipts Taxable
11. Service by way of access to a road or a bridge on payment of annuity Exempt
12. Service by way of construction of road where considerations are received in Taxable
deferred payment (annuity)
13. Transmission or distribution of electricity by an electricity transmission or Exempt
distribution utility
14. Services by an electricity transmission or distribution utility such as: Taxable
a. Application fee for releasing connection of electricity
b. Rental charges against metering equipment
c. Testing fee for meters, transformers, capacitors, etc.
d. Labour charges from customers for shifting of meters or shifting of
service lines
e. Charges for duplicate bill
15. Services provided by an incubatee up to a total turnover of ₹50,00,000 in a Exempt
financial year subject to the following conditions:
a. The total turnover had not exceeded ₹50 lakh during the preceding
financial year; and
b. A period of 3 years has not elapsed from the date of entering into an
agreement as an incubatee (See Note 2)
16. Services by way of licensing, registration and analysis or testing of food samples Exempt
supplied by the Food Safety and Standards Authority of India (FSSAI) to Food
Business Operators
17. Taxable services, provided or to be provided, by a Technology Business Exempt
Incubator or a Science and Technology Entrepreneurship Park recognised by
the National Science and Technology Entrepreneurship Development Board
(NSTEDB) of the Department of Science and Technology, Government of India
or bio-incubators recognised by the Biotechnology Industry Research
Assistance Council, under the Department of Biotechnology, Government of
India
18. Services by way of collecting or providing news by an independent journalist, Exempt
Press Trust of India or United News of India
19. Services of public libraries by way of lending of books, publications or any other Exempt
knowledge-enhancing content or material
20. Services by an organiser to any person in respect of a business exhibition held Exempt
outside India
21. Tour operator service, which is performed partly in India and partly outside Exempt
India, supplied by a tour operator to a foreign tourist, to the extent of the value
of the tour operator service which is performed outside India.
Value of services performed outside India: Value of tour operator service
performed outside India shall be lower of the following:
a. Total consideration charged for the entire tour × Number of days for
which the tour is performed outside India ÷ Total number of days
comprising the tour, or
b. 50% of the total consideration charged for the entire tour
In making the above calculations, any duration of time equal to or exceeding 12
hours shall be considered as one full day and any duration of time less than 12
hours shall be taken as half a day.
CA NISHANT KUMAR 33
“Foreign Tourist” means a person not normally resident in India, who enters
India for a stay of not more than six months for legitimate non-immigrant
purposes.
22. Services by way of slaughtering of animals Exempt
23. Services by a foreign diplomatic mission located in India Exempt
24. Services by way of providing information under the Right to Information Act, Exempt
2005
25. Services provided to a recognised sports body by: Exempt
a. An individual as a player, referee, umpire, coach or team manager for
participation in a sporting event organised by a recognised sports body
b. Another recognised sports body
26. Services in relation to sports by individuals such as selectors, commentators, Taxable
curators, technical experts
27. Services provided by and to Federation Internationale de Football Association Exempt
(FIFA) and its subsidiaries directly or indirectly related to any of the events
under FIFA U-17 Women’s World Cup 2020 to be hosted in India whenever
rescheduled.
28. Services provided by and to Asian Football Confederation (AFC) and its Exempt
subsidiaries directly or indirectly related to any of the events under AFC
Women’s Asia Cup 2022 to be hosted in India
29. Services by way of right to admission to the events organised under FIFA U-17 Exempt
Women’s World Cup 2020, whenever rescheduled
30. Services by way of right to admission to the events organised under AFC Exempt
Women’s Asia Cup 2022
31. Services by way of public conveniences such as provision of facilities of Exempt
bathroom, washrooms, lavatories, urinal or toilets
Notes:
1. A landlocked country is a country that does not have territory connected to an ocean.
2. Incubatee means an entrepreneur located within the premises of a Technology Business
Incubator or Science and Technology Entrepreneurship Park recognised by the National
Science and Technology Entrepreneurship Development Board (NSTEDB) of the Department
of Science and Technology, Government of India and who has entered into an agreement with
the Technology Business Incubator or the Science and Technology Entrepreneurship Park to
enable himself to develop and produce hi-tech and innovative products.
Question 14
Determine taxable value of supply under GST law with respect to each of the following independent
services provided by the registered persons:
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Particulars ₹
Fees charged for yoga camp conducted by a charitable trust (Note 1) -
Amount charged by business correspondent for the services provided to the rural branch -
of a bank with respect to Savings Bank Accounts (Note 2)
Amount charged by cord blood bank for preservation of stem cells (Note 3) 4,50,000
Amount charged for service provided by commentator to a recognized sports body (Note 4,25,000
4)
Value of Taxable Supply 8,75,000
Notes:
1. Services by an entity registered under section 12AA of the Income-tax Act, 1961 by way of
charitable activities are exempt from GST. The activities relating to advancement of yoga are
included in the definition of charitable activities. So, such activities are exempt from GST.
2. Services by business facilitator or a business correspondent to a banking company with respect
to accounts in its rural area branch have been exempted from GST.
3. Services provided by cord blood banks by way of preservation of stem cells or any other service
in relation to such preservation are liable to GST.
4. Services provided to a recognized sports body only by an individual as a player, referee,
umpire, coach or team manager for participation in a sporting event organised by a recognised
sports body are exempt from GST. Thus, services provided by commentators are liable to GST.
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