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The Tax Publishers CGST--Circular Circular No. 177/09/2022-TRU, dtd. 3-8-2022 [CBIC-190354/176/2022-TRU] Clarifications Regarding Applicable GST Rates & Exemptions on Certain Services, Regarding Representations have been received seeking clarification on the following issues: 1. Rate of GST applicable on supply of ice-cream by ice-cream parlors during the period from 01.07.2017 to 05.10.2021; 2. Applicability of GST on application fee charged for entrance or the fee charged for issuance of eligibility certificate for admission or for issuance of migration certificate by educational institutions; 3. Whether storage or warehousing of cotton in baled or ginned form is covered under entry 24B of Notification No. 12/2017-Central Tax (Rate) which exempted services by way of storage and warehousing of raw vegetable fibres such as cotton before 18.07.2022; 4. Whether exemption under Sl. No. 9B of notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 covers services associated with transit cargo both to and from Nepal and Bhutan; 5. Applicability of GST on sanitation and conservancy services supplied to Army and other Central and State Government departments; 6. Whether the activity of selling of space for advertisement in souvenirs is eligible for concessional rate of 5%; 7. Taxability and applicable rate of GST on transport of minerals from mining pit head to railway siding, beneficiation plant etc., by vehicles deployed with driver for a specific duration of time; 8. Whether location charges or preferential location charges (PLC) collected in addition to the lease premium for long term lease of land constitute part of the lease premium or upfront amount charged for long term lease of land and are eligible for the same tax treatment; 9. Applicability of GST on payment of honorarium to the Guest Anchors; 10. Whether the additional toll fees collected in the form of higher toll charges from vehicles not having fastag is exempt from GST; 11. Applicability of GST on services in the form of Assisted Reproductive Technology (ART)/In vitro fertilization (IVF); 12. Whether sale of land after levelling, laying down of drainage lines etc., is taxable under GST; 13. Situations in which corporate recipients are liable to pay GST on renting of motor vehicles designed to carry passengers; 14. Whether hiring of vehicles by firms for transportation of their employees to and from work is exempt under Sr. No. 15(b) of Notification No. 12/2017-Central Tax (Rate) transport of passengers by non-air conditioned contract carriage; 15. Whether supply of service of construction, supply, installation and commissioning of dairy plant on turn-key basis constitutes a composite supply of works contract service and is eligible for concessional rate of GST prior to 18.07.2022; 16. Applicability of GST on tickets of private ferry used for passenger transportation. 2. The issues have been examined by GST Council in the 47th meeting held on 28th and 29th June, 2022. The issue-wise clarifications as recommended by the GST Council are below: 3. Rate of GST applicable on supply of ice-cream by ice-cream parlors during the period from 01.07.2017 to 05.10.2021 3.1. On the recommendation of the GST Council in its 45th meeting, it was clarified vide circular 164/20/2021-GST dated 06.10.2021 that ice cream parlours sell already manufactured ice- cream and they do not have a character of a restaurant and hence, ice cream sold by a parlour or any similar outlet attracts standard rate of GST @ 18% with ITC. SUBSCRIBE FOR FULL CONTENT

The Tax Publishers

CGST--Circular

Circular No. 177/09/2022-TRU, dtd. 3-8-2022 [CBIC-190354/176/2022-TRU]

Clarifications Regarding Applicable GST Rates & Exemptions on Certain Services, Regarding

Representations have been received seeking clarification on the following issues:

1. Rate of GST applicable on supply of ice-cream by ice-cream parlors during the period from 01.07.2017 to 05.10.2021;

2. Applicability of GST on application fee charged for entrance or the fee charged for issuance of eligibility certificate for admission or for issuance of migration certificate by educational institutions;

3. Whether storage or warehousing of cotton in baled or ginned form is covered under entry 24B of Notification No. 12/2017-Central Tax (Rate) which exempted services by way of storage and warehousing of raw vegetable fibres such as cotton before 18.07.2022;

4. Whether exemption under Sl. No. 9B of notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 covers services associated with transit cargo both to and from Nepal and Bhutan;

5. Applicability of GST on sanitation and conservancy services supplied to Army and other Central and State Government departments;

6. Whether the activity of selling of space for advertisement in souvenirs is eligible for concessional rate of 5%;

7. Taxability and applicable rate of GST on transport of minerals from mining pit head to railway siding, beneficiation plant etc., by vehicles deployed with driver for a specific duration of time;

8. Whether location charges or preferential location charges (PLC) collected in addition to the lease premium for long term lease of land constitute part of the lease premium or upfront amount charged for long term lease of land and are eligible for the same tax treatment;

9. Applicability of GST on payment of honorarium to the Guest Anchors;

10. Whether the additional toll fees collected in the form of higher toll charges from vehicles not having fastag is exempt from GST;

11. Applicability of GST on services in the form of Assisted Reproductive Technology (ART)/In vitro fertilization (IVF);

12. Whether sale of land after levelling, laying down of drainage lines etc., is taxable under GST;

13. Situations in which corporate recipients are liable to pay GST on renting of motor vehicles designed to carry passengers;

14. Whether hiring of vehicles by firms for transportation of their employees to and from work is exempt under Sr. No. 15(b) of Notification No. 12/2017-Central Tax (Rate) transport of passengers by non-air conditioned contract carriage;

15. Whether supply of service of construction, supply, installation and commissioning of dairy plant on turn-key basis constitutes a composite supply of works contract service and is eligible for concessional rate of GST prior to 18.07.2022;

16. Applicability of GST on tickets of private ferry used for passenger transportation.

2. The issues have been examined by GST Council in the 47th meeting held on 28th and 29th June, 2022. The issue-wise clarifications as recommended by the GST Council are below:

3. Rate of GST applicable on supply of ice-cream by ice-cream parlors during the period from 01.07.2017 to 05.10.2021

3.1. On the recommendation of the GST Council in its 45th meeting, it was clarified vide circular 164/20/2021-GST dated 06.10.2021 that ice cream parlours sell already manufactured ice- cream and they do not have a character of a restaurant and hence, ice cream sold by a parlour or any similar outlet attracts standard rate of GST @ 18% with ITC.