Case Law Details
In re M/s Indian Institute of Corporate Affairs (GST AAR Delhi)
Q1. Whether Goods and Services Tax shall be leviable / chargeable on the transaction / agreement as per provisions of Central Goods and Service Tax Act, 2017.
. The amount received by the applicant from AICL is not in the nature of grant-in aid and is covered in the definition of “consideration” for the supply of goods or services under Section 2(31) of the CGST Act, 2017 in respect of the MoU dated 16.01.2017. Hence, they are liable to pay GST under Section 9(1) of the CGST Act, 2017.
Q2. If t he answer to above question is Yes, Whether the transaction can be exempted in whole or in parts, referring to specific provisions enumerated in exemption notification.
The said supply of goods or services are not exempted from the payment of GST under S. No. 1 or S. No. 76 of the Notification No. 12/2017 — Central Tax (Rate) dated 28.06.2017 and parallel notifications under SGST and IGST. Hence. the applicant is liable to pay GST on the supply of goods or services under the MOU dated 16.01.2017 entered by them with AICL.
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