whether operating a petrol pump will be taxable, Goods and Services Tax - GST

[Anand Sable]

Sir, my client is primarily a gta service provider in Maharashtra, whereas he is also running a petrol pump owned by a third person in Goa. Further, as per agreement for running the petrol pump my client will be entitled for all profits received from the operation of the petrol pump after incurring all expenses and in return my client will pay ownership fee to the owner of the petrol pump

My question is, whether the profit earned as per the agreement will be taxable for gst and if, yes, than which SAC will apply.

Posts / Replies

[Shilpi Jain]

This could be liable under GST being business support services. However, the difference could be the way in which the agreement is drafted which would indicate what the arrangement is actually. If major part of the amount received can be shown to be towards reimbursements, those amounts can be kept out of taxable value.

[KASTURI SETHI]

Sh.Anand Sable Ji,

You may call it ownership fee but two services are involved. These are :

1. Renting of immovable property;

2. Hiring, Leasing, Licensing of Goods (Supply of Tangible Goods).

Go through the definition of both services. GST is applicable.

[Ganeshan Kalyani]

I agree with the views of Sri Kasturi Sir. I would amount to renting of immovable property.