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Core Purpose

Three notifications of the Ministry of Finance (Department of Revenue) amending the CGST, IGST and UTGST rate notifications to exempt specified Indian Railways services and low-value long-stay accommodation services from tax.

Detailed Summary

Issued by the Ministry of Finance, Department of Revenue (New Delhi, 12th July 2024), this set of three linked notifications, G.S.R. 388(E) (No. 04/2024-Central Tax (Rate)) under the Central Goods and Services Tax Act, 2017 (12 of 2017), G.S.R. 389(E) (No. 04/2024-Integrated Tax (Rate)) under the Integrated Goods and Services Tax Act, 2017 (13 of 2017), and G.S.R. 390(E) (No. 04/2024-Union Territory Tax (Rate)) under the Union Territory Goods and Services Tax Act, 2017 (14 of 2017), amend the respective principal rate notifications (No. 12/2017-Central Tax (Rate) dated 28th June 2017 vide G.S.R. 691(E); No. 9/2017-Integrated Tax (Rate) dated 28th June 2017 vide G.S.R. 684(E); No. 12/2017-Union Territory Tax (Rate) dated 28th June 2017 vide G.S.R. 703(E)) to insert new Nil-rate entries exempting services provided by the Ministry of Railways (Indian Railways) to individuals such as platform ticket sales, retiring/waiting room facilities, cloak room services and battery-operated car services, inter-zonal/inter-divisional services within Indian Railways, and services between Special Purpose Vehicles and Indian Railways relating to concession-period infrastructure, and to insert a new exemption for accommodation services valued at or below twenty thousand rupees per person per month supplied for a minimum continuous period of ninety days, clarifying that this exemption does not extend to student residences, hostels, camps or paying guest accommodations; the amendments take effect from 15th July 2024 and were issued under F.No. CBIC-190354/94/2024-TO(TRU-II)-CBEC and signed by Dr. Puneeta Bedi, Director.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-12072024-255377 EXTRAORDINARY PART II-Section 3-Sub-section (i) PUBLISHED BY AUTHORITY No. 360] NEW DELHI, FRIDAY, JULY 12, 2024/ASHADHA 21, 1946 MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 12th July, 2024 No. 04/2024- Central Tax (Rate) G.S.R. 388(E).—In exercise of the powers conferred by sub-section (3) and sub-section (4) of section 9, sub- section (1) of section 11, sub-section (5) of section 15 and section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby makes the following amendment further to amend the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.12/2017-Central Tax (Rate), dated the 28th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 691(E), dated the 28th June, 2017, namely:- In the said notification, in the Table, - (A) after serial number 9D and the entries relating thereto, the following serial numbers and entries shall be inserted, namely: - +-----+------------+------------------------------------------------------------------------+-----+-----+ | (1) | (2) | (3) | (4) | (5) | +=====+============+========================================================================+=====+=====+ | "9E | Chapter 99 | Services provided by Ministry of Railways (Indian | Nil | Nil | | | | Railways) to individuals by way of - | | | | | | (a) sale of platform tickets; | | | | | | (b) facility of retiring rooms/waiting rooms; | | | | | | (c) cloak room services; | | | | | | (d) battery operated car services. | | | +-----+------------+------------------------------------------------------------------------+-----+-----+ | 9F | Chapter 99 | Services provided by one zone/division under Ministry | Nil | Nil | | | | of Railways (Indian Railways) to another | | | | | | zone(s)/division(s) under Ministry of Railways (Indian | | | | | | Railways). | | | +-----+------------+------------------------------------------------------------------------+-----+-----+ | 9G | Chapter 99 | Services provided by Special Purpose Vehicles (SPVs) | Nil | Nil"; | | | | to Ministry of Railways (Indian Railways) by way of | | | | | | allowing Ministry of Railways (Indian Railways) to use | | | | | | the infrastructure built and owned by them during the | | | | | | concession period against consideration and services of | | | | | | maintenance supplied by Ministry of Railways (Indian | | | | | | Railways) to SPVs in relation to the said infrastructure | | | | | | built and owned by the SPVs during the concession | | | | | | period against consideration. | | | +-----+------------+------------------------------------------------------------------------+-----+-----+ (B) in serial number 12, - (i) in column (2), the words and figures "Heading 9963 or" shall be omitted; (ii) in column (3), the Explanation shall be numbered as Explanation 1 thereof, and after Explanation 1 so re- numbered, the following Explanation shall be inserted, namely: - "Explanation 2.- Nothing contained in this entry shall apply to- (a) accommodation services for students in student residences; (b) accommodation services provided by Hostels, Camps, Paying Guest accommodations and the like."; (C) after serial number 12 and the entries relating thereto, the following serial number and entries shall be inserted, namely: - +-------+-------------+------------------------------------------------------------------------+-----+-----+ | (1) | (2) | (3) | (4) | (5) | +=======+=============+========================================================================+=====+=====+ | "12A | Heading 9963 | Supply of accommodation services having value | Nil | Nil"| | | | of supply less than or equal to twenty thousand | | | | | | rupees per person per month provided that the | | | | | | accommodation service is supplied for a | | | | | | minimum continuous period of ninety days. | | | +-------+-------------+------------------------------------------------------------------------+-----+-----+ 2. This notification shall come into force with effect from the 15th day of July, 2024. [F.No. CBIC-190354/94/2024-TO(TRU-II)-CBEC] Dr. PUNEETA BEDI, Director Note: The principal notification No. 12/2017 - Central Tax (Rate), dated the 28th June, 2017 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 691 (E), dated the 28th June, 2017 and was last amended vide notification No. 13/2023 - Central Tax (Rate), dated the 19th October, 2023 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 762(E), dated the 19th October, 2023. NOTIFICATION New Delhi, the 12th July, 2024 No. 04/2024- Integrated Tax (Rate) G.S.R. 389(E).— In exercise of the powers conferred by sub-section (3) and sub-section (4) of section 5, sub-section (1) of section 6 and clause (xxv) of section 20 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), read with sub-section (5) of section 15 and section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby makes the following amendments further to amend in the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.9/2017-Integrated Tax (Rate), dated the 28th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3,Sub-section (i) vide number G.S.R. 684 (E), dated the 28th June, 2017, namely:- In the said notification, in the Table, (A) after serial number 10H and the entries relating thereto, the following serial numbers and entries shall be inserted, namely: - +-----+------------+------------------------------------------------------------------------+-----+-----+ | (1) | (2) | (3) | (4) | (5) | +=====+============+========================================================================+=====+=====+ | "10I | Chapter 99 | Services provided by Ministry of Railways | Nil | Nil | | | | (Indian Railways) to individuals by way of – | | | | | | (a) sale of platform tickets; | | | | | | (b) facility of retiring rooms/waiting | | | | | | rooms; | | | | | | (c) cloak room services; | | | | | | (d) battery operated car services. | | | +-----+------------+------------------------------------------------------------------------+-----+-----+ | 10J | Chapter 99 | Services provided by one zone/division under | Nil | Nil | | | | Ministry of Railways (Indian Railways) to | | | | | | another zone(s)/division(s) under Ministry of | | | | | | Railways (Indian Railways). | | | +-----+------------+------------------------------------------------------------------------+-----+-----+ | 10K | Chapter 99 | Services provided by Special Purpose Vehicles | Nil | Nil"; | | | | (SPVs) to Ministry of Railways (Indian | | | | | | Railways) by way of allowing Ministry of | | | | | | Railways (Indian Railways) to use the | | | | | | infrastructure built and owned by them during | | | | | | the concession period against consideration and | | | | | | services of maintenance supplied by Ministry of | | | | | | Railways (Indian Railways) to SPVs in relation | | | | | | to the said infrastructure built and owned by | | | | | | the SPVs during the concession period against | | | | | | consideration. | | | +-----+------------+------------------------------------------------------------------------+-----+-----+ (B) in serial number 13, - (i) in column (2), the words and figures "Heading 9963 or" shall be omitted; (ii) in column (3), the Explanation shall be numbered as Explanation 1 thereof, and after Explanation 1 so re- numbered, the following Explanation shall be inserted, namely: - "Explanation 2.- Nothing contained in this entry shall apply to- (a) accommodation services for students in student residences; (b) accommodation services provided by Hostels, Camps, Paying Guest accommodations and the like."; (C) after serial number 13 and the entries relating thereto, the following serial number and entries shall be inserted, namely: - +-------+-------------+------------------------------------------------------------------------+-----+-----+ | (1) | (2) | (3) | (4) | (5) | +=======+=============+========================================================================+=====+=====+ | "13A | Heading 9963 | Supply of accommodation services having value | Nil | Nil"| | | | of supply less than or equal to twenty thousand | | | | | | rupees per person per month provided that the | | | | | | accommodation service is supplied for a | | | | | | minimum continuous period of ninety days. | | | +-------+-------------+------------------------------------------------------------------------+-----+-----+ 2. This notification shall come into force with effect from the 15th day of July, 2024. [F.No. CBIC-190354/94/2024-TO(TRU-II)-CBEC] Dr. PUNEETA BEDI, Director Note: The principal notification was published in the Gazette of India, Extraordinary, vide notification no. 9/2017 Integrated Tax (Rate), dated the 28th June, 2017, vide number G.S.R. 684 (E), dated the 28th June, 2017 and last amended vide notification no. 16/2023 - Integrated Tax (Rate), dated the 19th October, 2023 published in the official gazette vide number G.S.R. 763(E), dated the 19th October, 2023. NOTIFICATION New Delhi, the 12th July, 2024 No. 04/2024- Union Territory Tax (Rate) G.S.R. 390(E). — In exercise of the powers conferred by sub-sections (3) and (4) of section 7, sub- section (1) of section 8 and clause (iv) and clause (xxvii) of section 21 of the Union Territory Goods and Services Tax Act, 2017 (14 of 2017), read with sub-section (5) of section 15 and section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, hereby makes the following amendments further to amend in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.12/2017-Union Territory Tax (Rate), dated the 28th June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 703 (E), dated the 28th June, 2017, namely: - In the said notification, in the Table, - (A) after serial number 9D and the entries relating thereto, the following serial numbers and entries shall be inserted, namely: - +-----+------------+------------------------------------------------------------------------+-----+-----+ | (1) | (2) | (3) | (4) | (5) | +=====+============+========================================================================+=====+=====+ | "9E | Chapter 99 | Services provided by Ministry of Railways (Indian | Nil | Nil | | | | Railways) to individuals by way of - | | | | | | (a) sale of platform tickets; | | | | | | (b) facility of retiring rooms/waiting rooms; | | | | | | (c) cloak room services; | | | | | | (d) battery operated car services. | | | +-----+------------+------------------------------------------------------------------------+-----+-----+ | 9F | Chapter 99 | Services provided by one zone/division under Ministry | Nil | Nil | | | | of Railways (Indian Railways) to another | | | | | | zone(s)/division(s) under Ministry of Railways (Indian | | | | | | Railways). | | | +-----+------------+------------------------------------------------------------------------+-----+-----+ | 9G | Chapter 99 | Services provided by Special Purpose Vehicles (SPVs) | Nil | Nil"; | | | | to Ministry of Railways (Indian Railways) by way of | | | | | | allowing Ministry of Railways (Indian Railways) to use | | | | | | the infrastructure built and owned by them during the | | | | | | concession period against consideration and services of | | | | | | maintenance supplied by Ministry of Railways (Indian | | | | | | Railways) to SPVs in relation to the said infrastructure | | | | | | built and owned by the SPVs during the concession | | | | | | period against consideration. | | | +-----+------------+------------------------------------------------------------------------+-----+-----+ (B) in serial number 12, - (i) in column (2), the words and figures "Heading 9963 or" shall be omitted; (ii) in column (3), the Explanation shall be numbered as Explanation 1 thereof, and after Explanation 1 so re- numbered, the following Explanation shall be inserted, namely: - "Explanation 2.- Nothing contained in this entry shall apply to- (a) accommodation services for students in student residences; (b) accommodation services provided by Hostels, Camps, Paying Guest accommodations and the like."; (C) after serial number 12 and the entries relating thereto, the following serial number and entries shall be inserted, namely: - +-------+-------------+------------------------------------------------------------------------+-----+-----+ | (1) | (2) | (3) | (4) | (5) | +=======+=============+========================================================================+=====+=====+ | "12A | Heading 9963 | Supply of accommodation services having value | Nil | Nil"| | | | of supply less than or equal to twenty thousand | | | | | | rupees per person per month provided that the | | | | | | accommodation service is supplied for a | | | | | | minimum continuous period of ninety days. | | | +-------+-------------+------------------------------------------------------------------------+-----+-----+ 2. This notification shall come into force with effect from the 15th day of July, 2024. [F.No. CBIC-190354/94/2024-TO(TRU-II)-CBEC] Dr. PUNEETA BEDI, Director Note: The principal notification was published in the Gazette of India, Extraordinary, vide notification no. 12/2017 Union Territory Tax (Rate), dated the 28th June, 2017, vide number G.S.R. 703 (E), dated the 28th June, 2017 and last amended vide notification No. 13/2023 – Union Territory Tax (Rate), dated the 19th October, 2023 published in the official gazette vide number G.S.R. 764(E), dated the 19th October, 2023.

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