Clarification related to supply of grant of alcoholic liquor license.

Last updated: 12 October 2019

Notice Date : 10 November 2019

Circular No. 121/40/2019-GST

F. No. 354/136/2019-TRU

Government of India

Ministry of Finance

Department of Revenue

Tax research Unit

****

North Block,

New Delhi, Dated the 11th October, 2019

To,

The Principal Chief Commissioners/ Chief Commissioners/

Principal Commissioners/ Commissioner of Central Tax (All) /

The Principal Director Generals/ Director Generals (All)

Madam/Sir,

Subject– GST on license fee charged by the States for grant of Liquor licences to vendorsreg.

Services proved by the Government to business entities including by way of grant of privileges, licences, mining rights, natural resources such as spectrum etc. against payment of consideration in the form of fee, royalty etc. are taxable under GST. Same was the position under Service Tax regime also with effect from 1st April, 2016. Tax is required to be paid by the business entities on such services under reverse charge.

2. GST Council in its 26th meeting held on 10.03.2018, recommended that GST was not leviable on license fee and application fee, by whatever name it is called, payable for alcoholic liquor for human consumption and that this would apply mutatis mutandis to the demand raised by Service Tax/Excise authorities on license fee for alcoholic liquor for human consumption in the pre-GST era, i.e. for the period from 01-04-2016 to 30-06-2017.

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