|
Government of India
Ministry of Finance
(Department of Revenue)
Notification No. 20/2019- Central Tax (Rate)
New Delhi, the 30th September, 2019
G.S.R......(E).- In exercise of the powers conferred by sub-sections (1), (3) and (4) of
section 9, sub-section (1) of section 11, sub-section (5) of section 15, sub-section (1) of section
16 and section 148 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central
Government, 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 further amendments in the
notification of the Government of India, in the Ministry of Finance (Department of Revenue)
No.11/2017- 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. 690(E), dated the 28th
June, 2017, namely:-
In the said notification, -
(i) in the Table, -
(a) against serial number 7, for the entries relating thereto in column (3), (4) and (5), the
following items and entries shall be substituted, namely, -
| (3) |
(4) |
(5) |
“(i) Supply of „hotel accommodation‟ having value of supply
of a
unit of accommodation above one thousand rupees but
less than or
equal to seven thousand five hundred rupees per
unit per day or
equivalent. |
6 |
- |
(ii) Supply of „restaurant service‟ other than at „specified
premises‟ |
2.5 |
Provided 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)] |
(iii) Supply of goods, being food or any other article for
human
consumption or any drink, by the Indian Railways or
Indian Railways
Catering and Tourism Corporation Ltd. or
their licensees, whether in
trains or at platforms. |
2.5 |
Provided 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)] |
(iv) Supply of „outdoor catering‟, at premises other than
„specified premises‟ provided by any person other than-
(a) suppliers
providing „hotel accommodation‟ at
„specified premises‟, or
(b)
suppliers located in „specified premises‟. |
2.5 |
Provided that
credit of input
tax charged on
goods and
services used
in supplying
the service has
not been taken
[Please refer to
Explanation
(iv)] |
(v) Composite supply of „outdoor catering‟ together with
renting
of premises (including hotel, convention center, club,
pandal,
shamiana or any other place, specially arranged for
organising a
function) at premises other than „specified
premises‟ provided by any
person other than-
(a) suppliers providing „hotel accommodation‟ at
„specified premises‟, or
(b) suppliers located in „specified
premises‟. |
2.5 |
Provided that
credit of input
tax charged on
goods and
services used
in supplying
the service has
not been taken
[Please refer to
Explanation
(iv)] |
(vi) Accommodation, food and beverage services other than (i)
to
(v) above
Explanation:
(a) For the removal of doubt, it is hereby
clarified that,
supplies covered by items (ii), (iii), (iv) and (v)
in column (3)
shall attract central tax prescribed against them in
column (4)
subject to conditions specified against them in column
(5),
which is a mandatory rate and shall not be levied at the rate as
specified under this entry.
(b) This entry covers supply of
„restaurant service‟ at
„specified premises‟
(c) This entry covers
supply of „hotel accommodation‟ having
value of supply of a unit of
accommodation above seven
thousand five hundred rupees per unit per
day or equivalent.
(d) This entry covers supply of „outdoor
catering‟, provided by
suppliers providing „hotel accommodation‟ at
„specified
premises‟, or suppliers located in „specified premises‟.
(e) This entry covers composite supply of „outdoor catering‟
together
with renting of premises (including hotel, convention
center, club,
pandal, shamiana or any other place, specially
arranged for
organising a function) provided by suppliers
providing „hotel
accommodation‟ at „specified premises‟, or
suppliers located in
„specified premises‟. |
9 |
-”; |
(b) against serial number 10, in column (2), after the word “vehicles”, the
words “with operators” shall be inserted;
(c) against serial number 10,
in column (3), in item (iii), the words “or without” shall be omitted;
(d) against serial number 15, in column (3), item (iv) and the entries
relating thereto in column (4) and (5) shall be omitted;
(e) against
serial number 15, in column (3), in item (vii), the brackets and words “,
(iv)” shall be omitted;
(f) against serial number 17, in column (2), the
figures and words “, with or” shall be omitted;
(g) against serial number
17, in column (3), item (v) and (vii) and the entries relating thereto in
column (4) and (5) shall be omitted;
(h) against serial number 17, in
column (3), for item (viii), the following shall be substituted;
| (3) |
| “(viii) Leasing or rental services, without operator, other than
(i), (ii), (iii), (iv), (vi), and (viia) above.” |
(i) against serial number 21, after item (i) in column (3) and the entries relating thereto in columns (3), (4) and (5), the following shall be inserted, namely: -
| (3) |
(4) |
(5) |
“(ia) Other professional, technical and
business services
relating to
exploration, mining or drilling of
petroleum crude or
natural gas or both |
6 |
”; |
(j) against serial number 21, in column (3), in item (ii), for the brackets and
words “(i)above”, the brackets and words “(i) and (ia) above” shall be
substituted;
(k) against serial number 24, in column (2), after the numbers
“9986”, the brackets, words and figures “(Support services to agriculture,
hunting, forestry, fishing, mining and utilities)” shall be inserted;
(l)
against serial number 24, in column (3), in item (ii), for the words “Service
of”, the words “Support services to” shall be substituted;
(m)against serial
number 26, in column (3), in item (i), in clause (c), after the words
“products”, the figures and words “, other than diamonds,” shall be inserted;
(n) against serial number 26, in column (3), after item (ia) and the entries
relating thereto in columns (3), (4) and (5), the following shall be inserted,
namely: -
| (3) |
(4) |
(5) |
“(ib) Services by way of job work in
relation to diamonds falling
under chapter
71 in the First Schedule to the Customs
Tariff Act,
1975 (51of 1975); |
0.75 |
- |
(ic) Services by way of job work in relation
to bus body
building; |
9 |
- |
(id) Services by way of job work other than
(i), (ia), (ib) and
(ic) above; |
6 |
-”; |
(o) against serial number 26, in column (3), in item (iv), after the brackets,
words and figures
“(ia),”, the brackets, words and figures “(ib), (ic),
(id),” shall be inserted;
(ii) in the paragraph 2A, the word “registered”
shall be omitted;
(iii) in paragraph 4 relating to explanation, after clause
(xxxi), the following clauses shall be inserted, namely:-
“(xxxii)
„Restaurant service‟ means supply, by way of or as part of any service, of
goods, being food or any other article for human consumption or any drink,
provided by a restaurant, eating joint including mess, canteen, whether for
consumption on or away from the premises where such food or any other article
for human consumption or drink is supplied.
(xxxiii) „Outdoor catering‟
means supply, by way of or as part of any service, of goods,being food or any
other article for human consumption or any drink, at Exhibition Halls,Events,
Conferences, Marriage Halls and other outdoor or indoor functions that are event
based and occasional in nature.
(xxxiv) „Hotel accommodation‟ means supply,
by way of accommodation in hotels, inns,guest houses, clubs, campsites or other
commercial places meant for residential or lodging purposes including the supply
of time share usage rights by way of accommodation.
(xxxv) „Declared
tariff‟ means charges for all amenities provided in the unit of accommodation
(given on rent for stay) like furniture, air conditioner, refrigerators or any
other amenities, but without excluding any discount offered on the published
charges for such unit.
(xxxvi) „Specified premises‟ means premises
providing „hotel accommodation‟ services having declared tariff of any unit of
accommodation above seven thousand five hundred rupees per unit per day or
equivalent.”.
(iv) in the „Annexure: Scheme of Classification of
Services‟, annexed to the notification, -
(a) against serial number 119 to
124, in column (4), for the words “with or without”,wherever they occur, the
word “with” shall be substituted;
(b) against serial number 232 to 240, in
column (4), for the words “with or without”, wherever they occur, the word
“without” shall be substituted.”.
2. This notification shall come into
force with effect from the 1st day of October, 2019.
[F. No.354/136/2019 -TRU]
(Ruchi Bisht)
Under Secretary to the
Government of India
Note: - The principal
notification No. 11/2017 - Central Tax (Rate), dated the 28th June, 2017
was published in the Gazette of India, Extraordinary, vide number G.S.R. 690
(E), dated the 28th June, 2017 and was last amended by
notification No. 10/2019-Central Tax (Rate), dated the 10th May,
2019, published vide number G.S.R. 354(E), dated the 10th May,
2019.
|