Seeks to insert explanation in an entry in notification No. 12/2017 – Central Tax (Rate) by exercising powers conferred under section 11(3) of CGST Act, 2017.

Following explanation added in entry 41 of notfn no.12/2017‑CT(Rate) dated 28.06.2017-

a. For the purpose of this exemption, the Central Government, State Government or Union territory shall have 50 percent. or more ownership in the entity directly or through an entity which is wholly owned by the Central Government, State Governmentor Union territory.”

b. Exemption was granted to one time premium/salami charged by State Govt Industrial Dev Corpn or undertakings for leasing of industrial plots. Expin clarifies that State/Centre should have 50%or more ownership in such entities

Government of India
Ministry of Finance
(Department of Revenue)

Notification No. 23/2018- Central Tax (Rate)

New Delhi, the 20th September, 2018

G.S.R. 906(E).- In exercise of the powers conferred by sub-section (3) of section 11 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 so to do for the purpose of clarifying the scope and applicability of the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No. 12/2017- Central 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. 691(E), dated the 28th June, 2017, hereby inserts the following Explanation in the said notification, in the Table, against serial number 41, in column (3), namely:-

“Explanation.- For the purpose of this exemption, the Central Government, State Government or Union territory shall have 50 per cent. or more ownership in the entity directly or through an entity which is wholly owned by the Central Government, State Government or Union territory. “.

[F. No.354/300/2018-TRU]

(Mohit Tewari)

Under Secretary to the Government of India

Note: – The principal notification No. 12/2017 – Central Tax(Rate), dated the 28th June, 2017 was published in the Gazette of India, Extraordinary, vide number G.S.R. 691 (E), dated the 28th June, 2017 and was last amended by notification No. 14/2018- Central Tax (Rate), dated the 26th July, 2018 vide number G.S.R. 678(E), dated the 26th July, 2018.

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