Notification No.02/2018-ST(R)-Amendment to Notification No. 12/2017-ST(R)-To exempt certain services as recommended by GST Council

FINANCE DEPARTMENT

Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya,
Mumbai 400 032, dated the 25th January 2018.

NOTIFICATION

[Notification No. 2/2018-State Tax (Rate)].

MAHARASHTRA GOODS AND SERVICES TAX ACT, 2017.

No. GST.1018/C.R.15(2)/Taxation-1.– In exercise of the powers conferred by sub-section (1) of section 11 of the Maharashtra Goods and Services Tax Act, 2017 (Mah. XLIII of 2017), the Government of Maharashtra, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby makes the following further amendments in the Government Notification of the Finance Department No. MGST.1017/C. R. 103(11)/Taxation-1 [Notification No. 12/2017- State Tax (Rate)], dated the 29th June 2017, published in the Maharashtra Government Gazette, Extra-ordinary, Part IV-B, No. 182 dated the 29th June 2017, namely :—

In the said notification, in the Table,—

(a) against serial number 3, in the entry in column (3), after the words “a Governmental Authority” the words “or a Government Entity” shall be inserted;

(b) after serial number 3 and the entries relating thereto, the following serial number and entries shall be inserted, namely :—

(1) (2) (3) (4) (5)
“3A Chapter
99
Composite supply of goods and services in which the value of supply of goods constitutes not more than 25 per cent. of the value of the said composite supply provided  to the Central Government, State Government or Union
territory or local authority or a Governmental authority or a Government Entity by way of any activity 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.
Nil Nil”;

(c) against serial number 16, in the entry in column (3), for the words “one year”, the words “three years” shall be substituted;

(d) after serial number 19 and the entries relating thereto, the following serial number and entries shall be inserted, namely :—

(1) (2) (3) (4) (5)
“19A Heading 9965 Services by way of transportation of goods by an aircraft from customs station of clearance in India to a place outside India. Nil Nothing contained in this serial number shall apply after the 30th day of
September, 2018.
19B Heading  Services by way of transportation of goods by a vessel from customs station of clearance in India to a place outside India.  Nil Nothing contained in this serial number shall apply after the 30th day of September, 2018.”;

(e) against serial number 22, in the entry in column (3), after item (b), the following item shall be inserted, namely :—

“(c) motor vehicle for transport of students, faculty and staff, to a person providing services of transportation of students, faculty and staff to an educational institution providing services by way of pre-school education and education upto higher secondary school or equivalent.”;

(f) after serial number 29 and the entries relating thereto, the following serial number and entries shall be inserted, namely :—

(1) (2) (3) (4) (5)
“29A Heading 9971 or Heading 9991 Services of life insurance provided or agreed to be provided by the Naval Group Insurance Fund to the personnel of Coast Guard under the Group Insurance Schemes of the Central Government. Nil Nil”;

(g) against serial number 36, in the entry in column (3), in item (c), for the words “fifty thousand”, the words “two lakhs” shall be substituted;

(h) after serial number 36 and the entries relating thereto, the following serial number and entries shall be inserted, namely :—

(1) (2) (3) (4) (5)
“36A Heading 9971 or Heading 9991 Services by way of reinsurance of the insurance schemes specified in serial number 35 or 36. Nil Nil”;

(i) after serial number 39 and the entries relating thereto, the following serial number and entries shall be inserted, namely :—

(1) (2) (3) (4) (5)
“39A Heading 9971 Services by  an intermediary of financial services located in a multi services SEZ with International Financial Services Centre (IFSC) status to a customer located outside India for international financial services in currencies other than Indian rupees (INR).

Explanation. — For the purposes of this entry, the intermediary of financial services in IFSC is a person,—

(i) who is permitted or recognised as such by the Government of India or any Regulator appointed for regulation of IFSC; or

(ii)  who is treated as a person resident outside India under the Foreign Exchange Management (International Financial Services Centre) Regulations, 2015; or

(iii) who is registered under the Insurance Regulatory and Development Authority of India (International Financial Service Centre) Guidelines, 2015 as IFSC Insurance Office ; or

(iv) who is permitted as such by Securities and Exchange Board of India (SEBI) under the Securities and Exchange Board of India (International Financial Services Centres) Guidelines, 2015.

Nil Nil”;

(j) against serial number 45, in the entry in column (3), —

(i) in item (a), after sub-item (ii), the following sub-item shall be inserted, namely :—

“(iii) the Central Government, State Government, Union territory, local authority, Governmental Authority or Government Entity;”;

(ii) in item (b), after sub-item (iii), the following sub-item shall be inserted, namely :—

“(iv) the Central Government, State Government, Union territory, local authority, Governmental Authority or Government Entity;”;

(iii) in item (c), after sub-item (ii), the following sub-item shall be inserted, namely : —

“(iii) the Central Government, State Government, Union territory, local authority, Governmental Authority or Government Entity.”;

(k) after serial number 53 and the entries relating thereto, the following serial number and entries shall be inserted, namely :—

(1) (2) (3) (4) (5)
“53A Heading 9985 Services by way of fumigation in a warehouse of agricultural produce. Nil Nil” ;

(l) against serial number 54, in the entry in column (3), after item (g), the following item shall be inserted, namely :—

“(h) services by way of fumigation in a warehouse of agricultural produce.”;

(m) against serial number 60, in the entry in column (3), the words “the Ministry of External Affairs,” shall be omitted;

(n) after serial number 65 and the entries relating thereto, the following serial number and entries shall be inserted, namely :—

(1) (2) (3) (4) (5)
“65A Heading 9991 Services by way of providing information under the Right to Information Act, 2005 (22 of 2005). Nil Nil” ;

(o) against serial number 66, in the entry in column (3), —

(i) after item (a), the following item shall be inserted, namely : —

“(aa) by an educational institution by way of conduct of entrance examination against consideration in the form of entrance fee ;” ;

(ii) in item (b), —

(A) in sub-item (iv), the words “upto higher secondary” shall be omitted;

(B) after sub-item (iv), the following sub-item shall be inserted, namely: — “(v) supply of online educational journals or periodicals:”;

(C) in the proviso, for the word, brackets and letter “entry (b)”, the words, brackets and letters “sub-items (i), (ii) and (iii) of item (b)” shall be substituted ;

(D) after the proviso, the following proviso shall be inserted, namely :—

“Provided further that nothing contained in sub-item (v) of item (b) shall apply to an institution providing services by way of, —

(i) pre-school education and education upto higher secondary school or equivalent; or

(ii) education as a part of an approved vocational education course.”;

(p) against serial number 77, in the entry in column (3), in item (c), for the words “five thousand”, the words “seven thousand five hundred” shall be substituted;

(q) against serial number 81, for the entry in column (3), the following entry shall be substituted, namely :—

“Services by way of right to admission to —

(a) circus, dance, or theatrical performance including drama or ballet;

(b) award function, concert, pageant, musical performance or any sporting event other than a recognised sporting event;

(c) recognised sporting event;

(d) planetarium,

where the consideration for right to admission to the events or places as referred to in items (a), (b), (c) or (d) above is not more than Rs. 500 per person.”.

By order and in the name of the Governor of Maharashtra,

R. D. BHAGAT,

Deputy Secretary to Government.

Note :—The principal notification was published in the Maharashtra Government Gazette, Extra­ordinary No. IVB 182 dated 29th June 2017, vide Government Notification, Finance Department Notification No. MGST-1017/C.R.-103(11)/Taxation-1 [Notification No. 12/2017 – State Tax (Rate)], dated the 29th June 2017, and was last amended by Finance Department Notification No. MGST-1017/C.R.-202(g)/Taxation-1 [Notification No. 47/2017-State Tax (Rate), dated the 14th November 2017 published in the Maharashtra Government Gazette, Extra-ordinary Part-IVB No. 374 dated the 14th November 2017.

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Tags : goods and services tax (4746) GST (4346) GST Notifications (727) MVAT (792) SGST (243)

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