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Goods and Services Tax

GST on pure services provided to Central /State Govt or UT

Case Law Details

TaxGuru Citation
2019 taxguru.in 1431
Case Name
In re Shri Jayesh Anilkumar Dalal (GST AAR Gujarat)
Date of Judgement/Order
Only available for paid members
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In re Shri Jayesh Anilkumar Dalal (GST AAR Gujarat)

Question: Whether or not my supply of services in the nature as mentioned in point 12(B) above, provided to Local Authorities , Urban Development Authority, Dist. Panchayat R&B Div. and other Government Departments which are entrusted with the functions mentioned under article 243G and 243W of the Constitution of India can be termed as ―Pure Services” as referred in

1. No. 3 – (Chapter 99) of Table mentioned in Notification No. 12/2017 – Central Tax (Rate) Dated 28/06/2017 and accordingly eligible for exemption from Central Goods and Service Tax.

2. No. 3 – (Chapter 99) of Table mentioned in Notification No. 12/2017 – (Gujarat) State Tax (Rate) Dated 30/06/2017 and accordingly eligible for exemption from Gujarat Goods and Service Tax.

Answer: The services provided by the Applicant, Shri Jayesh Anilkumar Dalal, (GSTIN: 24AAVPD9061B1ZS) may be termed as ―Pure Services” provided they fulfill the following conditions:

i) It excludes works contract service

ii) It excludes other composite supplies involving supply of any goods

iii) It is supply of services without involving any supply of goods

The services provided by the applicant is eligible for the exemption from Goods and Service Tax as per Sl. No. 3 – (Chapter 99) of Table mentioned in Notification No. 12/2017 –Central Tax (Rate) dated 28/06/2017 and as per Sl. No. 3 – (Chapter 99) of Table mentioned in Notification No. 12/2017 – (Gujarat) State Tax (Rate) dated 30/06/2017 if they are pure services and are provided to the Central Government, State Government or Union territory or local authority or a Governmental authority by way of any activity to a Panchayat under article 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.

AAAR order: GST exempt on pure services provided to Central/State Govt or UT related to functions entrusted to Municipalities/Panchayats

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