Union territory tax (Rate) Notification No. 02 of 2018 DT 25th January, 2018, GST

 

Notification No. 02/2018 Union territory tax (Rate) DT on 25th January, 2018, GST

 

Seeks to amend notification No. 12/2017- Union Territory Tax (Rate) so as to exempt certain services as recommended by Goods and Services Tax Council in its 25th meeting held on 18.01.201.

 

The Extract of GST Notification No. 02/2018-Union territory tax (Rate) is Given below:

 

  Notification No. 022018 – Union territory 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. 2/2018- Union Territory Tax (Rate)

 

New Delhi, the 25th January, 2018

 

G.S.R......(E).- In exercise of the powers conferred by sub-section (1) of section 8 of the

 

Union Territory Goods and Services Tax Act, 2017 (14 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.12/2017- Union Territory 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. 703(E), dated the 28th June, 2017, namely:-

 

In the said notification, in the Table, -

 

(a)   against serial number 3, in the entry in column (3), after the words “a Governmental

 

Authority” the words “ or a Government Entity”  shall be inserted;

 

(b)   after serial number 3 and the entries relating thereto, the following serial number and entries shall be inserted, namely: -

 

(1)

(2)

(3)

(4)

(5)

 

 

 

 

 

“3A

Chapter

Composite supply of goods and services in which

Nil

Nil”;

 

99

the value of supply of goods constitutes not more

 

 

 

 

than 25 per cent. of the value of the said composite

 

 

 

 

supply provided to the Central Government, State

 

 

 

 

Government or Union territory or local authority

 

 

 

 

or  a  Governmental  authority  or  a  Government

 

 

 

 

Entity by way of any activity in relation to any

 

 

 

 

function  entrusted  to  a  Panchayat  under  article

 

 

 

 

243G  of  the  Constitution  or  in  relation  to  any

 

 

 

 

function entrusted to a Municipality under article

 

 

 

 

243W of the Constitution.

 

 

 

 

 

 

 

 

(c)   against serial number 16, in the entry in column (3), for the words “one year”, the words

 

“three years” shall be substituted;

 

(d)   after serial number 19 and the entries relating thereto, the following serial number and entries shall be inserted, namely: -

(1)

(2)

(3)

(4)

(5)

 

 

 

 

 

“19A

Heading

Services by way of transportation

Nil

Nothing contained in this

 

9965

of  goods  by  an  aircraft  from

 

serial number shall apply

 

 

customs  station  of  clearance  in

 

after the 30th day of

 

 

India to a place outside India.

 

September 2018.

 

 

 

 

 

19B

Heading

Services by way of transportation

Nil

Nothing contained in this

 

9965

of goods by a vessel from customs

 

serial number shall apply

 

 

station of clearance in India to a

 

after the 30th day of

 

 

place outside India.

 

September 2018.”;

 

 

 

 

 

 

(e)   against serial number 22, in the entry in column (3), after item (b), the following item shall be inserted, namely: -

 

“(c) motor vehicle for transport of students, faculty and staff, to a person providing services of transportation of students, faculty and staff to an educational institution providing services by way of pre-school education and education upto higher secondary school or equivalent.”;

 

(f)    after serial number 29 and the entries relating thereto, the following serial number and entries shall be inserted, namely: -

 

(1)

(2)

 

(3)

(4)

(5)

 

 

 

 

 

“29A

Heading

Services of life insurance provided or agreed to be

Nil

Nil”;

 

9971

or

provided by the Naval Group Insurance Fund to

 

 

 

Heading

the  personnel  of  Coast  Guard  under  the  Group

 

 

 

9991

 

Insurance Schemes of the Central Government.

 

 

 

 

 

 

 

 

 

(g)   against serial number 36, in the entry in column (3), in item (c), for the words “fifty thousand”, the words “two lakhs” shall be substituted;

 

(h)   after serial number 36 and the entries relating thereto, the following serial number and entries shall be inserted, namely: -

 

(1)

(2)

 

(3)

(4)

(5)

 

 

 

 

 

“36A

Heading

Services by way of reinsurance of the insurance

Nil

Nil”;

 

9971

or

schemes specified in serial number 35 or 36.

 

 

 

Heading

 

 

 

 

9991

 

 

 

 

 

 

 

 

 

 

 

(i)     after serial number 39 and the entries relating thereto, the following serial number and entries shall be inserted, namely: -

 

(1)

(2)

(3)

(4)

(5)

 

 

 

 

 

“39A

Heading

Services by an intermediary of financial services

Nil

Nil”;

 

9971

located in a multi services SEZ with International

 

 

 

 

Financial  Services  Centre  (IFSC)  status  to  a

 

 

 

 

customer  located  outside  India  for  international

 

 

 

 

 

 

 

 

 

 

 

 

 

financial services in currencies other than Indian rupees (INR).

 

Explanation.- For the purposes of this entry, the intermediary of financial services in IFSC is a person,-

 

(i)   who is permitted or recognised as such by the Government of India or any Regulator appointed for regulation of IFSC; or

 

(ii)    who is treated as a person resident outside India under the Foreign Exchange Management

 

(International Financial Services Centre) Regulations, 2015; or

 

(iii)       who is registered under the Insurance Regulatory and Development Authority of India

 

(International Financial Service Centre) Guidelines, 2015 as IFSC Insurance Office; or

 

(iv)    who is permitted as such by Securities and Exchange Board of India (SEBI) under the Securities and Exchange Board of India (International Financial Services Centres) Guidelines, 2015.

 

(j)     against serial number 45, in the entry in column (3),-

 

(i)      in item (a), after sub-item (ii), the following sub-item shall be inserted, namely:-

 

“(iii) the Central Government, State Government, Union territory, local authority, Governmental Authority or Government Entity;”;

 

(ii)      in item (b), after sub-item (iii), the following sub-item shall be inserted, namely:-“(iv) the Central Government, State Government, Union territory, local authority,

 

Governmental Authority or Government Entity;”;

 

(iii)      in item (c), after sub-item (ii), the following sub-item shall be inserted, namely:-

 

“(iii) the Central Government, State Government, Union territory, local authority, Governmental Authority or Government Entity.”;

 

(k)   after serial number 53, and the entries relating thereto, the following serial number and entries shall be inserted, namely: -

 

(1)

(2)

(3)

(4)

(5)

 

 

 

 

 

“53A

Heading

Services  by  way  of  fumigation  in  a  warehouse  of

Nil

Nil”;

 

9985

agricultural produce.

 

 

 

 

 

 

 

 

(l)     against serial number 54, in the entry in column (3), after item (g), the following item shall be inserted, namely:-

 

“(h) services by way of fumigation in a warehouse of agricultural produce.”;

 

(m) against serial number 60, in the entry in column (3), the words “the Ministry of External Affairs,” shall be omitted;

 

(n)   after serial number 65 and the entries relating thereto, the following serial number and entries shall be inserted, namely: -

 

(1)

(2)

(3)

(4)

(5)

 

 

 

 

 

“65A

Heading

Services by way of providing information under the

Nil

Nil”;

 

9991

Right to Information Act, 2005 (22 of 2005).

 

 

 

 

 

 

 

 

 (o)   against serial number 66, in the entry in column (3),-

 

(i)      after item (a), the following item shall be inserted, namely:-

 

“(aa) by an educational institution by way of conduct of entrance examination against consideration in the form of entrance fee.”

 

(ii)      in item (b),-

 

(A) in sub-item (iv), the words “upto higher secondary” shall be omitted;

 

(B)  after sub-item (iv), the following sub-item shall be inserted, namely:-

 

“(v) supply of online educational journals or periodicals:”;

 

(C)  in the proviso, for the word, brackets and letter “entry (b)”, the words, brackets and letter “sub-items (i), (ii) and (iii) of item (b)” shall be substituted;

 

(D) after the proviso, the following proviso shall be inserted, namely:-

 

“Provided further that nothing contained in sub-item (v) of item (b) shall apply to an institution providing services by way of,-

 

(i)   pre-school education and education up to higher secondary school or equivalent; or

 

(ii)  education as a part of an approved vocational education course.”;

 

(p)   against serial number 77, in the entry in column (3), in item (c), for the words “five thousand”, the words “seven thousand five hundred” shall be substituted;

 

(q)   against serial number 81, for the entry in column (3), the following entry shall be substituted namely: -

 

“Services by way of right to admission to-

 

(a)  circus, dance, or theatrical performance including drama or ballet;

 

(b)    award function, concert, pageant, musical performance or any sporting event other than a recognised sporting event;

 

(c)  recognised sporting event;

 

(d)  planetarium,

 

where the consideration for right to admission to the events or places as referred to in items (a), (b), (c) or (d) above is not more than Rs 500 per person.”.

 

[F. No.354/13/2018 -TRU]

 

(Ruchi Bisht)

 

Under Secretary to the Government of India

 

Note: -The principal notification was published in the Gazette of India, Extraordinary, vide notification No. 12/2017 - Union Territory Tax (Rate), dated the 28thJune, 2017, vide number G.S.R. 703 (E), dated the 28th June, 2017 and was last amended by notification No.47/2017 - Union Territory Tax (Rate), dated the 14th November, 2017 vide number G.S.R. 1410(E), dated the 14th November, 2017.

 

 

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