GST exemption on the upfront amount payable in installments for long term lease of plots



Update Category: GST exemption on the upfront amount payable in instalments for long term lease of plots
Update Source: Notification issued by CBIC on 30th April 2019
Release No.: TM/GST/032 dated 03rd May 2019

GST exemption on the upfront amount payable in instalments for long term lease of plots, under Notification No. 12/2017 - Central Tax (R) S. No.41 dated 28.06.2017

There has been representations submitted to the CBIC for providing clarification on admissibility of GST exemption on the upfront amount which is determined upfront but is paid or payable in instalments 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.

CBIC post examination of the representations issued below clarification in this regard -

  1. GST exemption on the upfront amount (called as premium, salami, cost, price, development charges or by any other name) payable for long term lease
  2. The long term lease of thirty years, or more
  3. Exemption is applicable on 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
  4. Exemption is available on such upfront if the amount is payable or paid in one or more instalments, provided the amount is determined upfront


GST Circular

SL. No

Circular No.

Summary

Link to access the Circular

1

Circular No. 101/20/2019 -GST dated 30th April 2019

F. No. 354/27/2019-TRU

Heading - 9972 - GST Rate - NIL

'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.'

http://www.cbic.gov.in/resources//htdocs-cbec/gst/circular-cgst-101.pdf;jsessionid=0580199E0BC6B0503579A1840B65BFED


Note - This is for information only. For exact details of changes, the notification/Circular may please be referred to, as and when they are issued.

About TaxMarvel: TaxMarvel is a Consulting firm focused on providing GST services to small and medium enterprises. We offer host of GST Services be it registration or compliance or consulting or litigation support. We make GST easy for businesses by bringing in technology and subject matter expertise.

The author can also be reached at support@taxmarvel.com


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About the Author

Founder - TaxMarvel Consulting Services LLP

Rohit is a CA, CS and CMA and Gold Medalist Law Graduate. He has also passed DISA (ICAI). Rohit is Founder of TaxMarvel Consulting Services LLP (a niche consulting firm engaged in providing GST Services to Corporates and SMEs) He was earlier head ofGST Business (GST Suvidha Provider) for Karvy Data Management Servic ... Read more


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