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Definition of Governmental Authority amended for exemption from Service Tax

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The Central Government vide Notification No. 02/2014-ST dated January 30, 2014 (the Notification) has substituted the definition of ‘Governmental Authority’ to expand the scope of exemption to an authority or a board or any other body either set up by an Act of Parliament or a State Legislature or established by Government, with 90 percent or more participation by way of equity or control, to carry out any function entrusted to a municipality under Article 243W of the Constitution.

The Notification has amended the definition of “Governmental Authority” as provided under clause (s) of Para 2 of the Mega Exemption Notification No. 25/2012-ST dated June 20, 2012 as under:

(s) “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 Government,
with 90% or more participation by way of equity or control, to carry out any function entrusted to a municipality under article 243W of the Constitution.
Earlier, the “Governmental Authority” was defined as under:
“Governmental Authority’’ means a board, or an authority or any other body established with 90% or more participation by way of equity or control by Government and set up by an Act of the Parliament or a State Legislature to carry out any function entrusted to a municipality under article 243W  of the Constitution.

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Bimal Jain

FCA, FCS, LLB, B.Com (Hons)

Mobile:+91 9810604563

Email: [email protected]

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Author Info

Bimal Jain
Name: Bimal Jain
Qualification: LL.B / Advocate
Company: A2Z Taxcorp LLP
Location: Delhi, Delhi
Articles Published: 2,897

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5 Comments
  1. Construction services were provided to construct ( ICAI Branch auditorium) , whether ST is applicable in this case or it can be exempted?
    speciafy if any exemption ?

    thanks

  2. Crux of the amended definition:

    The Central Government vide Notification No. 02/2014-ST dated 30th January, 2014 (“the Notification”) has substituted the definition of ‘Governmental authority’ to expand the scope of exemption to an authority or a board or any other body established by Government, with 90 percent or more participation by way of equity or control, to carry out any function entrusted to a municipality under article 243W of the Constitution.

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