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GST on licensing services for right to use minerals including its exploration & evaluation

Case Law Details

TaxGuru Citation
2019 taxguru.in 538
Case Name
In re M/s Aravali Polyart Pvt. Ltd. (GST AAR Rajasthan)
Date of Judgement/Order
Only available for paid members
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In re M/s Aravali Poly art Pvt. Ltd. (GST AAR Rajasthan)

a. What is the classification of service provided in accordance with Notification No. 11/2017-CT (Rate) dated 28.06.2017 read with annexure attached to it, by the State of Rajasthan to M/s Aravali Polyart Private Limited for which royalty is being paid? Whether said service can be classified under 9973 specifically under 997337 as Licensing services for the right to use minerals including its exploration and evaluation or as any other service?

The activity undertaken by the applicant is classifiable under Heading 9973 (Leasing or rental services, with or without operator), as mentioned in the annexure at Serial No. 257 (Licensing services for the right to use minerals including its exploration and evaluation) sub heading 997337 of notification number 11/2017-CT (Rate) dated 28.06.2017. The applicant is liable to discharge tax liability under reverse charge mechanism vide Notification No 13/2017-CT (Rate), dated 28.06.2017 (as amended from time to time) of the CGST Act, 2017.

b. What is the GST rate applicable on given services provided by State of Rajasthan to M/s Aravali Polyart Private Limited for which royalty is being paid?

The activity undertaken by the applicant attracts 18% GST (9% CGST+ 9% SGST).

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