Notification No. 31/2017 Union territory tax (Rate) DT on 13th October, 2017, GST
Seeks to amend notification No. 11/2017-UTT(R).
The Extract of GST Notification No. 31/2017-Union territory tax (Rate) is Given below:
Notification No. 31/2017 – 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. 31/2017-Union Territory Tax (Rate)
New Delhi, the 13th October, 2017
G.S.R......(E).- In exercise of the powers conferred by sub-section (1) of section 7, subsection (1)
of section 8 and clause (iv) and clause (v) of section 21 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017) read with sub-section (5) of section 15 and sub-section (1) of section 16 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, and on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.11/2017- 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. 702(E), dated the 28th June, 2017, namely:-
In the said notification,
(i) in the Table, -
(a) against serial number 3, -
- in item (iii), in column (3), for the words “Government, a local authority or a Governmental authority”, the words “Central Government, State Government,
Union territory, a local authority, a Governmental Authority or a Government Entity” shall be substituted;
- in item (vi), in column (3), for the words “a local authority or a Governmental authority” the words “a local authority, a Governmental Authority or a Government Entity” shall be substituted;
- in items (iii) and (vi), in column (5), for the existing entry, the following entry shall be substituted, namely: -
“Provided that where the services are supplied to a Government Entity, they should have been procured by the said entity in relation to a work entrusted to it by the Central Government, State Government, Union territory or local authority, as the case may be”;
- for item (vii), in columns (3), (4) and (5) and the entries relating thereto, the following shall be substituted, namely: -
(3)
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(4)
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(5)
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“(vii) Composite supply of works contract as
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Provided
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that where
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the
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defined in clause (119) of section 2 of the Central
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2.5
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services are supplied to a
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Goods and Services Tax Act, 2017, involving
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Government
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Entity,
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they
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1
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predominantly earth work (that is, constituting
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should have been procured by
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more than 75 per cent. of the value of the works
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the said entity in relation to a
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contract) provided to the Central Government,
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work entrusted to it by the
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State Government, Union territory, local
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Central Government, State
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authority, a Governmental Authority or a
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Government, Union territory or
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Government Entity.
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local authority, as the case may
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be
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(viii) Composite supply of works contract as
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defined in clause (119) of section 2 of the Central
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Goods and Services Tax Act, 2017 and
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associated services, in respect of offshore works
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6
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-
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contract relating to oil and gas exploration and
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production (E&P) in the offshore area beyond 12
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nautical miles from the nearest point of the
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appropriate base line.
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(ix) Construction services other than (i), (ii), (iii),
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9
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-”;
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(iv), (v), (vi), (vii) and (viii) above.
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(b) against serial number 8, for item (ii), in column (5), for the word “or” the word “and” shall be substituted;
(c) against serial number 8, for item (vi), in columns (3), (4) and (5) and the entries relating thereto, the following shall be substituted, namely: -
(3)
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(4)
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(5)
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“(vi) Transport of passengers by
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Provided that credit of input tax charged on
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any motor vehicle designed to
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goods and services used in supplying the
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carry passengers where the cost
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service, other than the input tax credit of
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of fuel is included in the
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input service in the same line of business
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consideration charged from the
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2.5
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(i.e. service procured from another service
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service recipient.
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provider of transporting passengers in a
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motor vehicle or renting of a motor
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vehicle), has not been taken.
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[Please refer to Explanation no. (iv)]
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or
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6
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-”;
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(d) against serial number 9, for item (v), in columns (3), (4) and (5) and the entries relating thereto, the following shall be substituted, namely: -
(3)
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(4)
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(5)
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“(v) Transportation of natural gas
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Provided that credit of input tax charged on
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through pipeline
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2.5
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goods and services used in supplying the
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service has not been taken.
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[Please refer to Explanation no. (iv)]
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or
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6
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-
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(vi) Goods transport
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services
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other than (i), (ii), (iii),
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(iv) and
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9
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-”;
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(v) above
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2
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(e) against serial number 10, for item (i), in columns (3), (4) and (5) and the entries relating thereto, the following shall be substituted, namely: -
(3)
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(4)
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(5)
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“(i) Renting of any motor vehicle
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Provided that credit of input tax charged on
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designed to carry
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passengers
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goods and services used in supplying the
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where the cost of fuel is included
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service, other than the input tax credit of
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in the consideration charged from
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input service in the same line of business
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the service recipient.
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2.5
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(i.e. service procured from another service
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provider of transporting passengers in a
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motor vehicle or renting of a motor vehicle)
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has not been taken.
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[Please refer to Explanation no. (iv)]
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or
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6
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-”;
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(f) against serial number 15, for item (v), in columns (3), (4) and (5) and the entries relating thereto, the following shall be substituted, namely: -
(3)
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(4)
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(5)
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“(v) Leasing of motor vehicles
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65 per cent. of the rate of Union
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purchased and leased prior to 1st July
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territory tax as applicable on supply of
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2017;
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like goods involving transfer of title in
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-
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goods.
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Note:- Nothing contained in this entry
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shall apply on or after 1st
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July, 2020.
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(vi) Financial and related services other
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9
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-”;
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than (i), (ii), (iii), (iv), and (v) above.
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(g) against serial number 17, for item (vi) in column (3) and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, namely: -
(3)
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(4)
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(5)
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“(vi) Leasing of motor vehicles
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65 per cent. of the rate of Union
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purchased and leased prior to 1st July
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territory tax as applicable on supply of
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2017;
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like goods involving transfer of title in
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-
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goods.
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Note:- Nothing contained in this entry
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shall apply on or after 1st July, 2020.
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(vii) Leasing or rental services, with or
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Same rate of Union territory tax as
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-”;
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without operator, other than (i), (ii),
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applicable on supply of like goods
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(iii), (iv), (v) and (vi) above.
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involving transfer of title in goods
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(h) against serial number 26, in column (3), -
(i) in item (i), for sub-item (c), the following sub-item shall be substituted, namely: - “(c) all products falling under Chapter 71 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975);”;
(ii) in item (i), after sub-item (d), the following sub-item shall be inserted, namely: -
“(da) printing of all goods falling under Chapter 48 or 49, which attract UTGST
@ 2.5per cent. or Nil;”;
(iii) after sub-item (e), the following sub-items shall be inserted, namely: -
“(f) all food and food products falling under Chapters 1 to 22 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975);
(g) all products falling under Chapter 23 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975), except dog and cat food put up for retail sale falling under tariff item 23091000 of the said Chapter;
(h) manufacture of clay bricks falling under tariff item 69010010 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975);”;
(iv) after item (i), in columns (3), (4) and (5) and the entries relating thereto, the following shall be inserted, namely: -
(3)
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(4)
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(5)
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“(ia) Services by way of job work in relation to-
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(a) manufacture of umbrella;
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6
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-”;
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(b) printing of all goods falling under Chapter 48 or 49, which attract
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UTGST @ 6 per cent.
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(v) in item (ii) after sub-item (b), the following sub-item shall be inserted, namely: - “(c) printing of all goods falling under Chapter 48 or 49, which attract UTGST @ 2.5 per cent. or Nil.”;
(vi) after item (ii), in columns (3), (4) and (5) in column (3) and the entries relating thereto, the following shall be inserted, namely: -
(3)
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(4)
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(5)
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“(iia) Services by way of any treatment or process on goods belonging to
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another person, in relation to printing of all goods falling under Chapter 48 or
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6
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-”;
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49, which attract UTGST @ 6 per cent.
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(i) in item (iii), for the word, brackets and figures “ and (ii)” the figures, brackets, letters and word “, (ia), (ii) and (iia)” shall be substituted;
(i) against serial number 27, for item (i), columns (3), (4) and (5) and the entries relating thereto in, the following shall be substituted, namely: -
(3)
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(4)
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(5)
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(i) Services by way of printing of all goods falling under Chapter 48 or 49
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[including newspapers, books (including Braille books), journals and
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periodicals], which attract UTGST @ 6 per cent. or 2.5 per cent. or Nil,
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6
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-”;
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where only content is supplied by the publisher and the physical inputs
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including paper used for printing belong to the printer.
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(ii) in paragraph 2, for the words, brackets and figures “at item (i)”, the words, brackets, figures and letters, “at item (i), item (iv) [sub-item (b), sub-item (c) and sub-item (d)], item (v) [sub-item (b), sub-item (c) and sub-item (d)], item (vi) [sub-item (c)]” shall be substituted;
(iii) in paragraph 4, after clause (viii), the following clause shall be inserted, namely: -
“(ix) “Governmental Authority” means an authority or a board or any other body, -
(i) set up by an Act of Parliament or a State Legislature; or
(ii) established by any Government,
with 90 per cent. or more participation by way of equity or control, to carry out any function entrusted to a Municipality under article 243 W of the Constitution or to a Panchayat under article 243 G of the Constitution.
(x) “Government Entity” means an authority or a board or any other body including a society, trust, corporation,
(i) set up by an Act of Parliament or State Legislature; or
(ii) established by any Government,
with 90 per cent. or more participation by way of equity or control, to carry out a function entrusted by the Central Government, State Government, Union Territory or a local authority.”.
[F. No.354/173/2017 -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. 11/2017 - Union Territory Tax (Rate), dated the 28thJune, 2017, vide number G.S.R. 702 (E), dated the 28th June, 2017 and was last amended by notification No. 24/2017-Union Territory Tax (Rate) dated the 21st September, 2017 vide number G.S.R. 1185(E), dated the 21st September, 2017.
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