Home Case Index All Cases GST GST + AAR GST - 2024 (1) TMI AAR This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (1) TMI 1091 - AUTHORITY FOR ADVANCE RULING, WEST BENGALExemption form GST - upfront premium payable by the applicant towards the services of leasing of the land for industrial purposes by SMPK - entry 41 of Notification No. 12/2017 Central Tax (Rate) dated 28.06.2017 - HELD THAT:- On due consideration of the reply given by SMPK and in light of the discussions detailed herein above including scope of audit of CAG, it cannot be concluded that SMPK may be regarded as an entity having 20 percent or more ownership of Central Government merely on the ground that its books of accounts are audited by CAG - it cannot be held that being registered as a deductor of tax at source under section 51 of the GST Act can be equated with the supplier of services specified in entry number 41 of Notification No. 12/2017- Central Tax (Rate) dated 28.06.2017 i.e., an entity having 20 percent or more ownership of Central Government. The services of leasing of the land for industrial purposes by SMPK to the applicant is found not to be covered under entry 41 of Notification No. 12/2017 Central Tax (Rate) dated 28.06.2017 and therefore cannot be treated as an exempt supply.
|