Clarifications on GST Applicability: Key Highlights from Circular No. 206/18/2023-GST
<h3>1. Definition of 'Same Line of Business' for Passenger Transport Services</h3><p><span>The circular clarified that the 'same line of business' for passenger transport services and renting of motor vehicles includes transport of passengers (SAC 9964) and renting of motor vehicles with operators (SAC 9966). However, leasing of motor vehicles without operators (SAC 9973) does not fall under this category and attracts GST and/or compensation cess at the same rate as the sale of motor vehicles.</span></p><h3>2. GST on Reimbursement of Electricity Charges</h3><p><span>The Ministry clarified that when electricity is supplied bundled with renting of immovable property or maintenance of premises, it constitutes a composite supply and will be taxed as per the principal supply, i.e., renting of immovable property or maintenance of premises. If charged as a pure agent, the electricity supply will not form part of the value of the main supply.</span></p><h3>3. Job Work for Processing Barley into Malted Barley</h3><p><span>The conversion of barley into malt is classified under job work in relation to food products and attracts a GST rate of 5%. This clarification emphasizes that malt can be used as food, an ingredient, or for manufacturing alcoholic beverages, but the job work falls under food processing regardless of the end-use.</span></p><h3>4. District Mineral Foundations Trusts (DMFTs) as Governmental Authorities</h3><p><span>DMFTs set up by state governments are recognized as Governmental Authorities, making them eligible for the same GST exemptions as other Governmental Authorities. This ensures that services provided by DMFTs, such as drinking water supply, health care, and environmental protection, are GST-exempt.</span></p><h3>5. GST Exemption for Horticulture Services to CPWD</h3><p><span>The supply of pure services and composite supplies for horticulture works, where the value of goods does not exceed 25% of the total supply, made to the Central Public Works Department (CPWD) are eligible for GST exemption under Sr. No. 3 and 3A of Notification No. 12/2017-CTR dated 28.06.2017. This supports public parks, urban forestry, and environmental promotion efforts.</span> <a href="https://cms.plasament.com/storage/shubham-pathak/circular-no-206-18-2023.pdf">circular-no-206-18-2023</a><br> </p>