Notification No. 15/2018 Integrated Tax (Rate) DT on 26th July, 2018, GST
Seeks to amend notification No. 9/2017- Integrated Tax (Rate) so as to exempt certain services as recommended by Goods and Services Tax Council in its 28th meeting held on 21.07.2018.
The Extract of GST Notification No. 15/2018 – Integrated Tax (Rate) is given below:
Notification No. 15/2018 – Integrated Tax (Rate), GST
[TO BE PUBLISHED IN THE GAZZETE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 15/2018- Integrated Tax (Rate)
New Delhi, the 26th July, 2018
G.S.R......(E).- In exercise of the powers conferred by sub-section (1) of section 6 of the
Integrated Goods and Services Tax Act, 2017 (13 of 2017), the Central Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.9/2017- Integrated Tax (Rate), dated the 28th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 684 (E), dated the 28th June, 2017, namely:-
In the said notification, -
(i) in the Table, -
(a) against serial number 4, in the entry in column (3), the words “Central Government, State Government, Union territory, local authority or” shall be omitted;
(b) against serial number 5, in the entry in column (3), the words “Central Government, State Government, Union territory, local authority or” shall be omitted;
(c) after serial number 10D and the entries relating thereto, the following serial numbers and entries shall be inserted, namely: -
(1)
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(2)
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(3)
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(4)
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(5)
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“10E
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Chapter
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Services by an old age home run by
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Nil
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Nil
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99
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Central Government, State Government
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or by an entity registered under section
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12AA of the Income-tax Act, 1961 (43
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of 1961) to its residents (aged 60 years
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or more) against consideration upto
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twenty-five thousand rupees per month
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per member provided that the
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consideration charged is inclusive of
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charges for boarding, lodging and
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maintenance.
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10F
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Chapter
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Services supplied by an establishment of
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Nil
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Provided the place of supply
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99
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a person in India to any establishment of
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of the service is outside India
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that person outside India, which are
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in accordance with
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section
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treated as establishments of distinct
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13 of Integrated Goods and
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persons in accordance with Explanation
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Services Tax Act, 2017.
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1 in section 8 of the Integrated Goods
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and Services Tax Act, 2017.
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10G
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Chapter
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Import of services by United Nations or
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Nil
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Nil
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99
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a specified international organisation for
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official use of the United Nations or the
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specified international organisation.
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Explanation. - For the purposes of this
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entry, unless the context otherwise
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requires,
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“specified
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international
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organisation”
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means an
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international
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organisation declared by the Central
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Government in pursuance of section 3 of
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the United Nations (Privileges and
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Immunities Act) 1947 (46 of 1947), to
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which the provisions of the Schedule to
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the said Act apply.
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10H
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Chapter
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Import
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of
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services
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by Foreign
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Nil
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Foreign
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diplomatic
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mission
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99
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diplomatic mission or consular post in
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or consular post in India, or
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India, or diplomatic agents or career
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diplomatic
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agents
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or career
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consular officers posted therein.
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consular
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officers
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posted
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therein shall be entitled to
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exemption
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from
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integrated
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tax leviable on the import of
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services
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subject
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to
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the
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conditions, -
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(i) that the foreign diplomatic
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mission or consular post in
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India, or diplomatic agents or
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career
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consular
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officers
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posted therein, are entitled to
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exemption
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from
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integrated
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tax, as stipulated in the
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certificate
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issued
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by
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the
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Protocol
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Division
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of
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the
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Ministry of External Affairs,
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based on the principle of
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reciprocity;
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(ii) that the services imported
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are for official purpose of the
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said foreign diplomatic mission or consular post; or for personal use of the said diplomatic agent or career consular officer or members
of his or her family.
(iii) that in case the Protocol Division of the Ministry of External Affairs, after having issued a certificate to any foreign diplomatic mission or
consular post in India, decides to withdraw the same subsequently, it shall communicate the withdrawal of such certificate to the
foreign diplomatic mission or consular post;
(iv) that the exemption from the whole of the integrated tax granted to the foreign diplomatic mission or consular post in India for
official purpose or for the personal use or use of their family members shall not be available from the date of withdrawal of such
certificate.”;
(d) after serial number 11 and the entries relating thereto, the following serial number and entries shall be inserted, namely: -
(1)
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(2)
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(3)
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(4)
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(5)
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“11A
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Heading
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Services supplied by electricity distribution
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Nil
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Nil”;
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9954
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utilities by way of construction, erection,
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commissioning, or installation of infrastructure for
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extending electricity distribution network upto the
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tube well of the farmer or agriculturalist for
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agricultural use.
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3
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(e) against serial number 15, in the entry in column (3), for the words “declared tariff”, the words “value of supply” shall be substituted;
(f) against serial number 20A, in the entry in column (5), for the figures “2018”, the figures
“2019” shall be substituted;
(g) against serial number 20B, in the entry in column (5), for the figures “2018”, the figures
“2019” shall be substituted;
(h) after serial number 25 and the entries relating thereto, the following serial number and entries shall be inserted, namely: -
(1)
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(2)
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(3)
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(4)
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(5)
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“25A
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Heading
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Services by way of warehousing of minor forest
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Nil
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Nil”;
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9967
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or
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produce.
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Heading
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9985
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(i) after serial number 32 and the entries relating thereto, the following serial number and entries shall be inserted, namely: -
(1)
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(2)
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(3)
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(4)
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(5)
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“32A
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Heading
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Services by Coal Mines Provident Fund
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Nil
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Nil
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9971
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Organisation to persons governed by the Coal
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or
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Mines Provident Fund and Miscellaneous
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Heading
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Provisions Act, 1948 (46 of 1948).
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9991
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32B
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Heading
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Services by National Pension System (NPS)
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Nil
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Nil”;
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9971
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Trust to its members against consideration in
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or
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the form of administrative fee.
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Heading
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9991
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(j) after serial number 35 and the entries relating thereto, the following serial number and entries shall be inserted, namely: -
(1)
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(2)
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(3)
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(4)
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(5)
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“35A
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Heading
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Services supplied by Central Government, State
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Nil
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Nil”;
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9971
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Government,Unionterritory totheir
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undertakings or Public Sector Undertakings
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(PSUs) by way of guaranteeing the loans taken
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by such undertakings or PSUs from the
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financial institutions.
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(k) against serial number 37A, in the entry in column (3), after the figures “37”, the word and figures “or 41” shall be inserted;
(l) after serial number 49 and the entries relating thereto, the following serial number and entries shall be inserted, namely: -
(1)
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(2)
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(3)
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(4)
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(5)
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“49A
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Heading
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Services by way of licensing, registration and
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Nil
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Nil”;
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9983
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or
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analysis or testing of food samples supplied by
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Heading
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the Food Safety and Standards Authority of
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9991
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India (FSSAI) to Food Business Operators.
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(m) after serial number 58 and the entries relating thereto, the following serial number and entries shall be inserted, namely: -
(1)
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(2)
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(3)
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(4)
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(5)
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“58A
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Heading
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Services by way of artificial insemination of
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Nil
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Nil”;
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9986
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livestock (other than horses).
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(n) after serial number 68A and the entries relating thereto, the following serial number and entries shall be inserted, namely: -
(1)
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(2)
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(3)
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(4)
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(5)
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“68B
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Heading
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Services supplied by a State
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Nil
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Provided that at the end of
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9991 or
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Government
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to Excess Royalty
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the contract period, ERCC
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any
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Collection Contractor (ERCC) by
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shall submit an account to
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other
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way of assigning the right to
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the State Government and
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Heading
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collect royalty on behalf of the
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certify
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that the amount of
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State Government on the mineral
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goods
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and
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services
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tax
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dispatched by the mining lease
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deposited by mining lease
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holders.
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holders on royalty is more
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than
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the
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goods
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and
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Explanation.-
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“mining
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lease
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services tax exempted on
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holder” means a person who has
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the service
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provided
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by
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been granted mining lease, quarry
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State
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Government
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to
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the
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lease or license or other mineral
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ERCC
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of
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assignment
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of
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concession
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under the Mines
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and
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right to collect royalty and
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Minerals
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(Development
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and
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where
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such
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amount
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of
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Regulation) Act, 1957 (67 of
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goods
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and
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services
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tax
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1957), the rules made thereunder
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paid
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by
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mining
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lease
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or the rules made by a State
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holders is less than the
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Government under sub-section (1)
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amount
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of
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goods
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and
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of section 15 of the Mines and
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services tax exempted, the
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Minerals
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(Development
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and
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exemption
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shall
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be
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Regulation) Act, 1957.
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restricted to such amount
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as is equal to the amount
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of goods and services tax
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paid by the mining lease
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holders
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and
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the
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ERCC
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shall
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pay
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the difference
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between
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goods
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and
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services tax exempted on the service provided by State Government to the ERCC of assignment of right to collect royalty and
goods and services tax paid by the mining lease holders on royalty.”;
(o) after serial number 80 and the entries relating thereto, the following serial number and entries shall be inserted, namely: -
(1)
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(2)
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(3)
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(4)
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(5)
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“80A
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Heading
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Services provided by an unincorporated body or
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Nil
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Nil”;
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9995
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a non-profit entity registered under any law for
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the time being in force, engaged in,-
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(i) activities relating to the welfare of
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industrial or agricultural labour or farmer;
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or
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(ii) promotion of trade, commerce,
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industry,
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agriculture,
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art,
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science,
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literature, culture, sports, education, social
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welfare,
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charitable
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activities
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and
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protection of environment,
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to its own members against consideration in the
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form of membership fee upto an amount of
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one
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thousand rupees (Rs 1000/-)
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per member per
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year.
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(ii) in paragraph 3, in the Explanation, after clause (iii), the following clause shall be inserted, namely:-
“(iv) For removal of doubts, it is clarified that the Central and State Educational Boards shall be treated as Educational Institution for the limited purpose of providing services by way of conduct of examination to the students.”.
2. This notification shall come into force with effect from 27th of July, 2018.
[F. No.354/13/2018 -TRU]
(Gunjan Kumar Verma)
Under Secretary to the Government of India
Note: -The principal notification No. 9/2017 - Integrated Tax (Rate), dated the 28thJune, 2017 was published in the Gazette of India, Extraordinary, vide number G.S.R. 684 (E), dated the 28thJune, 2017 and was last amended by notification No.2/2018 – Integrated Tax (Rate), dated the 25th January, 2018vide number G.S.R. 70(E), dated the 25th January, 2018.
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