Deepak Gupta | May 1, 2019 |
GST exemption is admissible on the amount payable in installments for long term lease of plots:
Central Board of Indirect Taxes and Customs (CBIC) Received Representations seeking clarification regarding admissibility of GST exemption on the upfront amount which is determined upfront but is paid or payable in installments for long term (thirty years, or more) lease of industrial plots or plots for development of financial infrastructure.
CBIC has clarified that GST exemption on the upfront amount (called as premium, salami, cost, price, development charges or by any other name) payable for long term lease (of thirty years, or more) of industrial plots or plots for development of infrastructure for financial business under Entry No. 41 of Exemption Notification 12/2017 Central Tax (R) dated 28.06.2017 is admissible irrespective of whether such upfront amount is payable or paid in one or more installments, provided the amount is determined
REFER BELOW EXTRACT OF OFFICIAL CIRCULAR
Circular No. 101/20/2019-GST
F. No. 354/27/2019-TRU
Government of India
Ministry of Finance
Department of Revenue
Tax Research Unit
****
North Block, New Delhi,
Dated the 30th April, 2019
To,
The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/ Commissioner of Central Tax (All) /
The Principal Director Generals/ Director Generals (All)
Madam/Sir,
Subject: GST exemption on the upfront amount payable in installments for long term lease of plots, under Notification No. 12/2017 Central Tax (R) S. No.41 dated 28.06.2017 -reg.
Representations have been received by the Board seeking clarification regarding admissibility of GST exemption on the upfront amount which is determined upfront but is paid or payable in installments for long term (thirty years, or more) lease of industrial plots or plots for development of financial infrastructure under Notification 12/2017 Central Tax(R) S. No.41 dated 28.06.2017.
2. The matter has been examined. The entry at S. No.41 of Notification 12/2017 Central Tax (R) dated 28.06.2017 reads as under:
| Sl. No | Chapter, Section, Heading, Group or Service Code (Tariff) | Description of Services | Rate (per cent.) | Condition |
| (1) | (2) | (3) | (4) | (5) |
| 41 | Heading 9972 | Upfront amount (called as premium, salami, cost, price, development charges or by any other name) payable in respect of service by way of granting of long term lease (of thirty years, or more) of industrial plots or plots for development of infrastructure for financial business, provided by the State Government Industrial Development Corporations or Undertakings or by any other entity having 50 per cent. or more ownership of Central Government, State Government, Union territory to the industrial units or the developers in any industrial or financial business area. | NIL | NIL |
3. It is hereby clarified that GST exemption on the upfront amount (called as premium, salami, cost, price, development charges or by any other name) payable for long term lease (of thirty years, or more) of industrial plots or plots for development of infrastructure for financial business under Entry No. 41 of Exemption Notification 12/2017 Central Tax (R) dated 28.06.2017 is admissible irrespective of whether such upfront amount is payable or paid in one or more installments, provided the amount is determined
4. Difficulty if any, in implementation of this Circular may be brought to notice of the Board.
Yours Faithfully,
(Shashikant Mehta)
OSD, TRU
Email: [email protected]
Tel: 011 2309 5547
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