TMI Blog2018 (7) TMI 389X X X X Extracts X X X X X X X X Extracts X X X X ..... de Notification No. 45/2017-Central Tax (Rate) dated 14.11.2017 which exempts the goods specified in column (3) of the Table, from the so much of the central tax leviable thereon under section 9 of the said Act, as in excess of the amount calculated at the rate of 2.5 per cent., when supplied to the institutions specified in the corresponding entry in column (2) of the Table, subject to the conditions specified in the corresponding entry in column (4) of the said table given in the notification. The total tax payable under GST in respect of such clearances effected within the state is 5% (2.5% CGST+2.5% SGST). Input tax credit - Section 17 (5) of the Central Goods & Services Tax Act, 2017 - Held that:- Section 17 (5) of the Central Goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DRDO labs and Satish Dhawan Space Centre (SDSC SHAR, ISRO Sriharikota), Vikram Sarabhai Space Centre (VSSC, ISRO, Thiruvananthapuram), while issuing their enquiries and purchase orders, they are mentioning against the IGST/GST column that As per Government of India, MoF (Department of Revenue) Notification No. 47/2017 dated 14.11.2017, certificate for concessional tax (Integrated tax @ 5%) will be issued . In this regard they sought Advance Ruling on the following issues: (i) Is the concessional tax rate of 5% as given under Notification No. 47/2017 dated 14.11.2017 is applicable only for Interstate sales i.e., on IGST or also applicable for sales within the state i.e., on SGST CGST. (ii) If this concessional tax rate of 5% is ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntry in column (4) of the said table given in the notification. The total tax payable under GST in respect of such clearances effected within the state is 5% (2.5% CGST+2.5% SGST). 5. With regard to Second question, it is to clarify that Section 17 (5) of the Central Goods Services Tax Act, 2017 (which is reproduced hereunder for the ease of reference) has clearly mentioned the list of goods and services on which input tax credit is not allowed. Section 17(5) of TGST Act, 2017 : Notwithstanding anything contained in subsection (1) of section 16 and subsection (1) of section 18, input tax credit shall not be available in respect of the following, namely:- (a) motor vehicles and other conveyances except when they are used- (i) f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er supply of works contract service; (d) goods or services or both received by a taxable person for construction of an immovable property (other than plant or machinery) on his own account including when such goods or services or both are used in the course or furtherance of business. Explanation. - For the purposes of clauses (c) and (d), the expression construction includes re-construction, renovation, additions or alterations or repairs, to the extent of capitalization, to the said immovable property; (e) good,s or services or both on which tax has been paid und.er section 10; (f) goods or services or both received by a non-resident taxable person except on goods imported by him; (g) goods or services or both used for p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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