Question 21: Whether services provided by Government or a local authority to a business entity located in a special category State are subject to tax?
Answer: The expression “special category States” provided in Explanation (iii) to section 22 of the CGST Act, shall mean the States as specified in sub-clause (g) of clause (4) of Article 279A of the Constitution.
As per the said clause, the States of Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand have been given the status of special
category States for the purpose of GST Acts.
Notification No. 12/2017-Central Tax(Rate), dated 28.06.2017 (Sl. No. 7 of the Table) provides for exemption from payment of tax in respect of services provided to a business entity located in a special category State with a turnover up to Rs. 10 lakh rupees.
However, this exemption is not be applicable to
(a) services
(i) by the Department of Posts by way of speed post, express parcel post, life insurance, and agency services provided to a person other than Government;
(ii) in relation to an aircraft or a vessel, inside or outside the precincts of anairport or a port;
(iii) of transport of goods or passengers and
(b) services by way of renting of immovable property.
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