NOTIFICATION NO.20/2017-STATE TAX (RATE) [NO.FTX.56/2017/91] Assam GST DATED 11-9-2017

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(Last Updated On: May 2, 2018)

SECTION 9, READ WITH SECTIONS 11, 15 & 16, OF THE ASSAM GOODS AND SERVICES TAX ACT, 2017 [ LEVY AND COLLECTION OF TAX -]

NOTIFIED STATE TAX RATES FOR INTRA-STATE SUPPLY OF SERVICES – AMENDMENT IN NOTIFICATION NO.11/2017-STATE TAX (RATE) [NO.FTX.56/2017/24], DATED 29-6-2017

NOTIFICATION NO.20/2017-STATE TAX (RATE) [NO.FTX.56/2017/91]DATED 11-9-2017

In exercise of the powers conferred by sub-section (i) of section 9, sub section (1) of section (11), sub-section (5) of section 15 and sub-section (1) of section 16 of the Assam Goods and Services Tax Act, 2017 (Assam Act No. XXVIII of 2017), the Governor of Assam, on the recommendations of the Council and on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendments in the notification No. FTX.56/2017/24, dated 29th June, 2017 (Notification No.11/2017-State Tax Rate) issued by the Finance (Taxation) Department, Government of Assam, published in the Assam Gazette, Extraordinary, No. 345 dated the 29th June, 2017, and the following new items (iv), (v) and (vi) shall be inserted, namely:—

In the said notification, in the Table,—

(i)against serial number 3, for item (iii) in column (3) and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, namely;—
(3)(4)(5)
“(iii) Composite supply of works contract as defined in clause (119) of section 2 of the Assam Goods and Services Tax Act, 2017, supplied to the Government, a local authority or a Governmental authority by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of,—

(a)a historical monument, archaeological site or remains of national importance, archaeological excavation, or antiquity specified under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958);
(b)canal, dam or other irrigation works;
(c)pipeline, conduit or plant for (i) water supply (ii) water treatment, or (iii) sewerage treatment or disposal

(iv) Composite supply of works contract as defined in of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of,—

(a)a road, bridge, tunnel, or terminal for road transportation for use by general public;
(b)a civil structure or any other original works pertaining to a scheme under Jawaharlal Nehru National Urban Renewal Mission or Rajiv AwaasYojana;
(c)a civil structure or any other original works pertaining to the “In-situ rehabilitation of existing slum dwellers using land as a resource through private participation” under the Housing for All (Urban) Mission/Pradhan Mantri Awaas Yojana, only for existing slum dwellers;
(d)a civil structure or any other original works pertaining to the “Beneficiary led individual house construction/enhancement” under the Housing for All (Urban) Mission/Pradhan Mantri Awaas Yojana;
(e)a pollution control or effluent treatment plant, except located as a part of a factory; or
(f)a structure meant for funeral, burial or cremation of deceased.
6
(v) Composite supply of works contract as defined in clause (119) of section 2 of the Assam Goods and Services Tax Act, 2017, supplied by way of construction, erection, commissioning, or installation of original works pertaining to,—

(a)railways, excluding monorail and metro;
(b)a single residential unit otherwise than as a part of a residential complex;
(c)low-cost houses up to a carpet area of 60 square metres per house in a housing project approved by competent authority empowered under the ‘Scheme of Affordable Housing in Partnership’ framed by the Ministry of Housing and Urban Poverty Alleviation, Government of India;
(d)low cost houses up to a carpet area of 60 square metres per house in a housing project approved by the competent authority under—
(1)the “Affordable Housing in Partnership” component of the Housing for All (Urban) Mission/Pradhan Mantri Awaas Yojana;
(2)any housing scheme of a State Government;
(e)post-harvest storage infrastructure for agricultural produce including a cold storage for such purposes; or
(f)mechanised food grain handling system, machinery or equipment for units processing agricultural produce as food stuff excluding alcoholic beverages.
6
(vi) Construction services other than (i), (ii), (iii), (iv) and (v) above.9-“;
(ii)against serial number 8, for item (vi) in column (3) and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, namely:—
(3)(4)(5)
“(vi) Transport of passengers by motor cab where the cost of fuel is included in the consideration charged from the service recipient,2.5Provided that credit of input tax charged on goods and services used in supplying the service has not been taken

[Please refer to Explanation no. (iv)] .

or
6-“;
(iii)against serial number 9, for item (iii) in column (3) and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, namely:—
(3)(4)(5)
“(iii) Services of goods transport agency (GTA) in relation to transportation of goods (including used household goods for personal use)

Explanation.—”goods transport agency” means any person who provides service in relation to transport of goods by road and issues consignment note, by whatever name called.

2.5Provided that credit of input tax charged on goods and services used in supplying the service has not been taken

[Please refer to Explanation no. (iv)]

or
6Provided that the goods transport agency opting to pay state tax @ 6% under this entry shall, thenceforth, be liable to pay state tax @ 6% on all the services of GTA supplied by it.”;
(iv)against serial number 10, for item (i) in column (3) and the entries relating thereto columns (3), (4) and (5), the following shall be substituted, namely:—
(3)(4)(5)
“(i) Renting of motor cab where the cost of fuel is included in the consideration charged from the service recipient.2.5Provided that credit of input tax charged on goods and services used in supplying the service has not been taken

[Please refer to Explanation no. (iv)]

or
6-“;
(v)against serial number 11, for item (i) in column (3) and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, namely:—
(3)(4)(5)
“(i) Services of goods transport agency (GTA) in relation to transportation of goods (including used household goods for personal use).

Explanation.- “goods transport agency” means any person who provides service in relation to transport of goods by road and issues consignment note, by whatever name called.

2.5Provided that credit of input tax charged on goods and services used in supplying the service has not been taken

[Please refer to Explanation no, [(iv)]

or
6Provided that the goods transport agency opting to pay state tax @ 6% under this entry shall, thenceforth, be liable to pay state tax @ 6% on all the services of GTA supplied by it.;”
(vi)against serial number 26,—
(a)in column (3),in item (i),—
(A)for sub-item (b), the following sub-item shall be substituted, namely:—
“(b) Textiles and textile products falling under Chapter 50 to 63 in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975);”;
(B)the Explanation shall be omitted;
(b)for item (ii) in column (3) and the entries relating thereto in columns (3), (4) and (5), the following shall be substituted, and the following new item (iii) shall be inserted, namely:—
(3)(4)(5)
“(ii) Services by way of any treatment or process on goods belonging to another person, in relation to—

(a) printing of newspapers;

(b) printing of books (including Braille books), journals and periodicals.

2.5
(iii) Manufacturing services on physical inputs (goods) owned by others, other than (i) and (ii) above,9-“;
(vii)for serial number 27 and the entries relating thereto, the following shall be substituted, namely:—
(1)(2)(3)(4)(5)
“27Heading 9989(i) Services by way of printing of newspapers, books (including Braille books), journals and periodicals, where only content is supplied by the publisher and the physical inputs including paper used for printing belong to the printer.6
(ii) Other manufacturing services; publishing, printing and reproduction services; materials recovery services, other than (i) above.9-“;
(viii)against serial number 34, in column (3), in item (i), after the word “drama”, the words “or planetarium” shall be inserted.

This notification shall be deemed to have come into force from 22nd of August, 2017.

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